Cohn v. Spinks Industries, Inc.

ROBERTSON, Justice.

This is an appeal from a summary judgment entered for defendant Spinks Industries, Inc. in a wrongful death action brought by the decedent’s wife and child. Plaintiff alleged that although the decedent was defendant’s employee and was in the course of his employment at the time of his fatal injury, defendant, as the lessor of the defective helicopter which decedent was piloting when it crashed, was strictly liable in tort under the “dual capacity” doctrine. Defendant answered and moved for summary judgment contending that at the time of the crash decedent was an employee of…