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Show ir d; 4 Or m '&' w wp fm V'- ; F.; - P?- ffc Vr J4- 6 I- t 2SU MONDAY. JUNE 4, THE DAILY RECORD 171 In The Supreme Court Of The State Of Utah and. lowered by means of wires placed through the eye-bol- ts in the dome. It and one of the the and tested bolts unit installed gave instructions as to how it was to be operated by the workmen who would be upon it. Pamela and Carla Jan Peterson, Plaintiffs and Appellants, v. Sky Climber, Inc. , directed the wire cables to be placed through the and then extended, somewhat laterally to the walls of the arena. There was no particularly extra stress on the bolts while the work was being done near . the wall, but as the scaffold was moved .toward the center of the dome, the lateral stress would be increased. The result was that when the workers were near the center of the dome, one of the eye-bol- ts broke, causing the men who were upon it to fall to their deaths. Industrial Indemnity Company, Plaintiff in Intervention eye-bol- ts No. 13011 and Appellant, FILED May 22, 1973 v. Robert A. Fowler, Timber Structures, Inc. , Schmidt Steel, et al. , Defendants and Respondents. Savage Scaffold and Equipment Company was the agent of Sky Climber, and L. M. Cummings, Clerk Inc., simply a materialman to Lauren Burt, Inc. The employees of Lauren Burt, Inc. , of their own accord remodeled the platform and changed it from a rectangular shape to a diamond shape and also ELLETT. Justice: erected a superstructure upon it so as to enable them to better perform their This case was before us last year on an appeal by the plaintiffs from work. Sky Climber, Inc., had nothing to do with this remodeling job. a summary judgment in favor of the architect and Lauren Burt, Inc. , wherein Under the definition of "same employment" as set out in the prior de- most of the facts of the case were set out. Additional facts material to this cision herein, none of the respondents was in the "same employmenV-'withtiappeal will be supplied herein. deceased. However, it does not necessarily follow that the trial court's ruling i A reading of the prior case will show that plaintiffs1 decedent lost his should be reversed. It is our duty to sustain the rulings made if it can be done even though it be upon a matter not urged upon appeal. life when a high suspended scaffold on which he was working broke, causing him and two others to fall! In the prior case this court sustained the summer' A summary judgment should be given where there is no material issue judgment as to the architect, who had nothing to do with the erection or mainof fact in dispute and a party is entitled to judgment as a matter of law. 4 Under tenance of the scaffold, and as to Lauren Burt, Inc. , which was engaged at the undisputed facts of this case we can see no negligence on the part of Timber the time in the same employment as was the decedent. Structures, Inc. , or of Savage Scaffold and Equipment Co. , Inc. , and the summary judgment in their favor should be and it is hereby sustained. There are After that ruling was made, the other defendants made motions for and of summary judgments, urging that the deceased was engaged at the time of his unresolved questions of negligence on the part of Sky Climber, Inc. , death in the same employment as were all of the remaining defendants. The contributory negligence or assumption of the risk on the part of the deceased, which matters should be determined at trial. trial court granted all motions, and the plaintiffs have again appealed. e t The judgment is affirmed as to the defendants Timber Structures, Inc., and Savage Scaffold and Equipment Co. , Inc. , and reversed as to Sky Climber, Inc. Plaintiffs are entitled to costs as against Sky Climber, Inc. No other costs are awarded. We thought that we clearly defined what was required to constitute "same employment" in the prior case. We there said:2 The idea of "same employment" was well known in connection with the fellow -- servant rule of law prior to th enactment of the Workmen's Compensation Act. The term "same employment" as set out in our Workmen's Compensation Act should be given the meaning which had been attached to it under the cases decided up to that time. . , , WE CONCUR: Chief Justice Jr., E. R. Callister, R. L. Tuckett, Justice Henriod and Crockett, JJ. To be fellow servants, they must be engaged in the same line of work and labor together in such personal relations that they can exercise an influence upon each other promotive of proper caution in respect of their mutual safety. They should be at the time of the injury directly operating with each other in the particular business at hand, or they must be operating concur in the result. , Limb v. Federated Milk Producers Association, 23 Utah 2d "3 4. Rule 56, 27 OOOOOOOOOOOOOOOOOOOOOOOOOeOOOOOOOOOOOOOODOOOOOOf CECLUr THE BEST PLACE TO BUY Because at Hinckleys your new Dodge is GUARANTEED FOR AS LONG AS eye-bol- You Own It. 100 of Parts. 100 of Labor. Lauren Burt, Inc. , was a subcontractor engaged in placing ceiling tile on the inside of the dome after Timber Structures, Inc. , had completed its work. At the time of entering into the subcontract to place the tile in the dome, Lauren Burt, Inc. , was told it could use the scaflold left by Timber Structures, Inc. However, by agreement. with the general contractor, the beams of the dome were put in place without the use of a scaffold. Lauren Burt, Inc. , then had to devise its own method of performing its work. It contacted the defendant Sky Climber, Inc., which manufactured a square platform that could be raised COME IN 25 NEW CORPORA TIONS 59674 - BROAD HOLLOW, INC. 188 E. Centr St. Provo; Pres, T. Darrell Bushnell, 188 E. Centr St. Provo; VP, J. McDonald Brubaker, 170 W. 1400 S. Orem; Sec, Parley M. Neeley, 271 N. Main St. Sp Frk; Treas, Barbara Kemp, 2931 N. 650 E. Provo; Hyde, Hoopr; Sec -- Treas, C. DeMor 521 Eels Bldg Ogdn; Judd Jr., 59680 - ATLAS SPRINKLERS INC. , 4995 S. 2nd W. SLC; W. Neill Brasier, 4849 Vly Vw Dr. SLC; Reed H. Knight, 2011 Todd Way, SLC; Isobelle G. Knight, 2011 Todd Wav SLC: 59676 - B1LLETER AUTO REPAIRS, INC. 1157 Sherman Ave SLC; prea, Fermetta Billeter; VP, a, Lynn S. Billeter; Billeter; 59677 - SOUTHWICK ENTERPRISES, INC, 3440 S. 5th E. SLC; Marilyn A. Southvick, 3440 S . 5th EV.SLC James L. Southwlck, 3440 S. 5tll E. SLC; James W. Shea, 266 King St. Rdvd City CA; 59678 - INTERMOUNTAIN GYMNASTIC INC. 6270 Highlnd Dr. SLC; Keith J. Ahone, 6282 Harvey Dr. SLC; Risto Ahone, 6282 Harvey Dr. SLC 4049 S. 2835 Kenneth - IMC MINT CORP. 521 Eccle Bldg Ogdn; Robert D. Grabar.pres 315 E. 2nd S. SLC; VP, K. Gary SALT LAKE INTERNATN! CENTER ENTERPRISES INC. 73 GREAT Jefrsn Ave Ogdn; Jerome 19 2,997 11 So. Phone: 328-870- 6 Total Price $ 3,697 Total Price $ 2,796 Total Price Brand New 1973 4-Sp- eed Transmission 2-T- on Pickup - Gauges, Heavy Duty to suit your own Jrophied, Jsnc. 831 W. 1 1 1 Total Price 47 TO CHOOSE FROM awards Pep them up with sales incentive We specialize in: WALNUT WALL PLAQUES personal needs. $3 CHALLENGER 30 to Choose From Brand New 73 POLARA to Choose From Brand New 73 CHARGER th DESK SETS SALESMAN OF MONTH TROPHIES 73 DART '2,397 Total Price Curtis Mietchen, 2529 Jefrsn Ave. Ogdn; Margaret LaRue Mietchen, 2529 Jefrsn A e Ogdn; Valerie Caroline Vender Does, 444-15St. Ogdn; All awards custom built 16 to Choose' From Brand New to Choose From . SPRING TONIC? E. SLC; Larry L. Atiderson, 3750 Gilroy Cir. SLC; 59679 2529 - TAKE YOUR PICK Brand New DOES YOUR SALES FORCE NEED A Sec-Trea- Lucas T. 59684 TRADE P. 2d U.R.C.P. 13011 v. Fowler, 27 Utah 2d 159. 493 P, 2d 997. Utah 2d 163, 164. The general contractor is immune from liability because of the provisions of our Workmen's Compensation Act. The defendant Timber Structures, Inc., was a subcontractor which placed the timbers in the dome of a large sports ts arena being constructed. The contractor requested it to insert certain in the hubs of the tinfcers as extra work. These bolts were inserted, and none of them fell out. Peterson 2. - 290 (1969). that so that mutual duties bring them into such to use each other influence an exercise upon proper they may caution and be so situated in their labor to some extent as to be able to supervise and watch the conduct of each other as to skill, diligence, and carefulness. When workmen are so engaged, we think they are working in the same employment. 1. 222,- 461 Salt Lake City, Utah 84104 HINCKLEY DODGE 10th So. & Main St. 359-76- 55 |