Negligence: Borrowed Servant – Exclusivity – Control

Stephanie Maniscalco//October 17, 2012//

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Where plaintiff, who was injured when struck by a crane while employed as a carpenter, sued the crane service and its operator for negligence and res ipsa loquitor, there were genuine issues of material fact as to whether the crane operator was a borrowed servant of the plaintiff’s employer at the time of the accident, and the borrowed-servant doctrine is an affirmative defense that must be pleaded and proven by the defendants, so the trial court erred in granting summary judgment to the defendants because there was a dispute remaining as to the control of the details of the crane operator’s work by the plaintiff’s employer

Judgment is reversed and remanded.

Bovier v. Simon Crane Service, Inc. (MLW No. 64270/Case No. ED98072 – 8 pages) (Missouri Court of Appeals, Eastern District, Clayton III, J.) Appealed from circuit court, St. Charles County, Pelikan, J. (John G. Beseau for appellant) (John S. McCollough and Melissa R. Null for respondent).

Read the full text of this opinion. (PDF)