Oral arg. – COA – August 11, 2016

At 1:30, the COA will hear the case of William Fortner v. Specialty Contracting, LLC

Specialty is in the business of  transporting and delivering prefabricated metal buildings. John Stark was employed by Specialty as a truck driver.  Fortner claims that in June, 2013, Stark decided he needed some help and hired  Fortner as a day-laborer and paid him in cash.  On  July 2, 2013, Fortner was assisting Stark in backing the tractor trailer rig up to a skid on which was placed a pre-fab building. Fortner got between the trailer and the skid.  Fortner sued Specialty for his injuries.  The trial court granted summary judgment for Specialty finding that Fortner was its employees and Fortner’s exclusive remedy was workers comp.  Fortner appealed.

Fortner’s brief

Specialty Contracting’s brief

Fortner’s reply brief

Watch the argument here

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