DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071294P.pdf 12/04/2007 John Lundstrom v. Maguire Tankf, Inc.
U.S. Court of Appeals Case No: 07-1294
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Bye and Shepherd, Circuit
Judges]
Civil Case - diversity - loaned servant doctrine. Grant of summary
judgment to contractor of loaned crane operator is reversed. Contractor
did not control or direct crane operator's action and crane operator did not
consent to special employment relationship as a matter of law. Crane
operator either was not working or had completed his work when he was
injured and thus was not doing contractor's work. The evidence does not
support that contractor had the right to exercise detailed control of the
work or crane operator. Summary judgment is reversed.