No. 03-8085.

394 F.3d 873 (2005)

Gregg C. HJELLE, Plaintiff-Appellant, v. MID-STATE CONSULTANTS, INC., a Utah corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 11, 2005.

Attorney(s) appearing for the Case

George Santini of Ross, Ross & Santini, LLC, Cheyenne, Wyoming, for Plaintiff-Appellant.

Bruce S. Asay of Associated Legal Group, LLC, Cheyenne, Wyoming, for Defendant-Appellee.

Before MURPHY, ANDERSON, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Plaintiff Gregg Hjelle, an employee of Ayrcom Contracting, Inc., was seriously injured when a large chunk of frozen dirt struck him during the backfilling of the trench in which he was working. At the bench trial of this diversity suit, see 28 U.S.C. § 1332, he argued that Defendant Mid-State Consultants, a third-party independent contractor, is liable because it assumed control over the jobsite on the day of the injury. Mid-State...

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