WHITLEY v. JAKE'S CRANE & RIGGING, INC. No. 10272.
603 P.2d 689 (1979)
Horace J. WHITLEY, Appellant, v. JAKE'S CRANE & RIGGING, INC., a Nevada Corporation, Respondent.
Supreme Court of Nevada.
December 11, 1979.
Cromer, Barker & Michaelson and Gerald I. Gillock, Las Vegas, for respondent.
Horace Whitley has appealed from an order of the district court granting Jake's Crane & Rigging, Inc.'s (Jake's) motion for summary judgment. Whitley was injured on November 24, 1975, by a crane owned and operated by Jake's. He sought and recovered an award from the Nevada Industrial Commission (NIC) under the policy of his employer, Westinghouse, and subsequently commenced this tort action against Jake's. The district court found that Westinghouse and Jake's were both subcontractors of a principal employer, Southern California Edison (Edison), and that Jake's was, therefore, immune from tort liability under the provisions of the Nevada Industrial Insurance Act (NIIA). NRS 616.010-616.680. We affirm that decision.
On appeal, however, Whitley maintains that the record fails to demonstrate that Edison had sufficient control of the project to entitle it to attain the status of an employer under the NIIA.
Prior decisions of this court have held that an owner of property who functions as his own principal contractor will be deemed an "employer" under the act. Hosvepian v. Hilton Hotels Corp., 94 Nev. 768,
In determining whether an individual is an employee entitled to compensation under workmen's compensation acts, we have adopted a policy of broad and liberal interpretation. Antonini v. Hanna Industries, 94 Nev. 12,
The record before this court shows that Edison entered into two contracts regarding certain equipment it owned and was storing in Las Vegas, Nevada. Pursuant to the first contract, Jake's unloaded and stored this equipment on its premises. Under the terms of the second contract, Westinghouse supplied technical direction, clerical support and casual laborers in the unloading and storing process. An employee of Edison was at all times present in the unloading yard to monitor the work.
These facts demonstrate that Edison performed the function of principal employer, including the exercise of supervisory control over the work on the project. Therefore, pursuant to NRS 616.085 and NRS 616.560 the NIIA provides Whitley his sole remedy.
Summary judgment is affirmed.
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