Hjelle v. Mid-State Consultants, Inc.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
HARTZ, Circuit Judge.
Plaintiff Gregg Hjelle, an employee of Ayrcom Contracting, Inc., was seriously injured when a large chunk of frozen dirt struck him during the backfilling of the trench in which he was working. At the bench trial of this diversity suit, see 28 U.S.C. § 1332, he argued that Defendant Mid-State Consultants, a third-party independent contractor, is liable because it assumed control over the jobsite on the day of the injury. Mid-State responded that its role was confined to inspecting and approving the work performed and that it did not exercise control. The district court…
2Cases cited10 opinions
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- Olen F. Featherstone and Martha Featherstone v. Max BarashCourt of Appeals for the Tenth Circuit · 1965
- Natural Gas Processing Co. v. HullWyoming Supreme Court · 1994
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