Zavala v. Jones
While adjusting a hay load in his truck alongside the road, plaintiff Emilio Morales Zavala (Morales) was struck by a passing pickup truck, suffering devastating injuries. Morales filed suit against the driver of the pickup and other defendants, including James R. Jones, dba JEB Farms (JEB Farms), for negligence. JEB Farms moved for summary judgment, arguing Morales was either a general or special employee of JEB Farms and therefore the exclusive remedy of workers compensation barred his action. The trial court granted the summary judgment motion, finding no triable issue of material fact concerning Moraless status as a special employee. Morales appeals, contending triable issues of fact exist as to whether he operated as JEB Farmss special employee. Court disagree and affirm the judgment.
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