McDANIEL v. TROY DESIGN SERVICES CO.

No. 1 CA-CV 94-0031.

186 Ariz. 552 (1996)

925 P.2d 693

Robert L. McDANIEL and Maridel McDaniel, husband and wife, Plaintiffs-Appellees, v. TROY DESIGN SERVICES COMPANY, an Arizona corporation, Defendant-Appellant.

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

Review Denied October 21, 1996.


Attorney(s) appearing for the Case

Junker, Penfield, Shiaras & Harrington by Michael P. Shiaras and Cord & Shoush by Mark W. Shoush and Toby Zimbalist, Phoenix, for plaintiffs-appellees.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Steven D. Smith, Christopher Robbins, Phoenix, for defendant-appellant.


OPINION

TOCI, Judge.

Troy Design Services Company ("Troy Design") appeals from the trial court's entry of summary judgment against it. The trial court concluded that Troy Design's employee, Rhett Schaller, was a "lent employee" under the exclusive control of General Motors Corporation ("GM"). Nevertheless, the trial court ruled that Troy Design was vicariously liable for Schaller's negligence in harming a fellow employee working at GM.

The issue before...

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