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TARRON v. BOWEN MACHINE & FABRICATING, INC.

No. CV-09-0230-PR.

235 P.3d 1030 (2010)

James TARRON and Sherry Tarron, husband and wife, Plaintiffs/Appellees, v. BOWEN MACHINE & FABRICATING, INC. dba Bowen Industrial Contractors, Inc., a foreign corporation, Defendant/Appellant.

Supreme Court of Arizona, En Banc.

August 3, 2010.

Attorney(s) appearing for the Case

Ely, Bettini, Ulman, & Rosenblatt By Ronald Ozer, Burton Rosenblatt, Phoenix, Attorneys for James Tarron and Sherry Tarron.

The Cavanagh Law Firm, P.A. By Ralph E. Hunsaker, Taylor C. Young, Phoenix, Attorneys for Bowen Machine & Fabricating Inc. and Bowen Industrial Contractors, Inc.

Law Offices Of David L. Abney, Esq. By David L. Abney, Phoenix, Attorney for Amicus Curiae of The Law Offices of Charles M. Brewer, Ltd.

OPINION

BERCH, Chief Justice.

¶ 1 This case concerns the "borrowed servant" doctrine. The issue for decision is whether a general employer is vicariously liable for the negligence of two "borrowed employees" working at the jobsite of a special employer.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 James Tarron was injured while working at a Phelps Dodge Corporation copper smelter. He fell into a gap created when two workers removed...

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