James Tarron and Sherry Tarron, Husband and Wife, Plaintiffs/appellees v. Bowen MacHine & Fabricating, Inc. Dba…

Summary

The court held that Bowen's contractual reservation of control over temporary employees did not conclusively establish vicarious liability because the objective employment relationship and actual allocation of control remained disputed. The borrowed-servant inquiry focuses on which employer actually controlled, or had the right to control, the injury-causing conduct, and both employers may potentially be liable. The court reversed the partial summary judgment against Bowen, affirmed the denial of Bowen's summary-judgment motion, and remanded for a new trial limited to whether Bowen ceded control to Phelps Dodge.