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AVILA v. NORTHRUP KING CO.

No. 1 CA-CV 91-0469.

179 Ariz. 497 (1994)

880 P.2d 717

Jesus AVILA and Maria Avila, husband and wife, Plaintiffs-Appellants, v. NORTHRUP KING COMPANY, a Delaware corporation doing business in Arizona, Hector Villareal and Jane Doe Villareal, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied September 20, 1994.

Attorney(s) appearing for the Case

Mower, Koeller, Nebeker & Carlson by Constance J. Miller, Yuma, for plaintiffs-appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Steve D. Smith and William A. Cirignani, Phoenix, for defendants-appellees.

OPINION

TOCI, Judge.

Edward Montiel owns a business ("EMCO") that provides contract labor and services to farmers and agricultural growers. EMCO assigned Jesus Avila to work for Northrup King Company ("Northrup") as a temporary employee. Avila was injured while working under Northrup's direction and control. After receiving workers' compensation benefits from EMCO, Avila sued Northrup for negligence. The trial court granted summary judgment for Northrup on...

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