HALE v. KEMP

No. 82S01-9109-CV-743.

579 N.E.2d 63 (1991)

Lindsey W. HALE, Individually and d/b/a Hale Maintenance and Installation, and Hale Maintenance and Installation, George Tabor and Stanley Tabor, Appellants (Defendants below), v. Eugene KEMP and Jennifer Kemp, Appellees (Plaintiffs below). and George Tabor, Cross-Appellant (Cross-Plaintiff below), v. Lindsey W. Hale, Individually and d/b/a Hale Maintenance and Installation, and Hale Maintenance and Installation, Cross-Appellee (Cross-Defendant below).

Supreme Court of Indiana.

September 23, 1991.


Attorney(s) appearing for the Case

John B. Drummy, Jennifer Staton Stoesz, Kightlinger & Gray, Indianapolis, for appellants Hale.

Curt J. Angermeier, Evansville, for appellants Tabor.

Daniel J. McGinn, Gerling Law Offices, Evansville, for appellees Kemp.


DICKSON, Justice.

This personal injury action presents issues regarding the claim of a casual employee that he falls outside the exclusivity provision of Indiana's worker's compensation laws both as to his employer and as to another for whom he was allegedly a "borrowed servant."

This action was commenced by Eugene Kemp and his wife Jennifer. Kemp was injured while working as an employee of George Tabor, who had told Kemp to help Lindsey W. Hale, proprietor...

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