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Anderson v. Demolition Dynamics2/15/2000
t relationship, Collins, 21 N.C. App. at 461, 204 S.E.2d at 878, with defendant.
In short, defendant at best has shown a genuine issue of material fact as to the third prong of the special employer test, defendant's control over the details of decedent's work.
To summarize, given the evidence presented to the trial court by both parties as to whether there existed a contract for hire between defendant and decedent and as to the nature of defendant's right to control the detail of decedent's work, see id. at 459, 201 S.E.2d at 876, we conclude defendant failed to meet its summary judgment burden, see Lyles, 120 N.C. App. at 99, 461 S.E.2d at 350, of showing decedent was a joint employee of defendant and Griffin Wrecking, and thereby failed to establish that plaintiff's claim was barred by the affirmative defense, see id., of the exclusivity provisions of the Act. Accordingly, the trial court's grant of defendant's motion for summary judgment must be reversed.
Reversed.
Judges LEWIS and EDMUNDS concur.
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