PAUL McCUBBIN, by and through his guardian, SHEILA McCUBBIN, Appellant, v. JERALD WALKER and CAROL A. WALKER, d/b/a Valley Market, Appellees., 256 Kan. 276

Summary

The injured worker and his guardian filed a complaint against the landowners for personal injury after he was injured cutting trees for the landowners with a co-worker. The trial court granted summary judgment in favor of the landowners. The appellate court affirmed this decision in part, reversed it in part, and remanded the case. On further appeal, the court reversed the appellate court's decision and affirmed the trial court's order granting summary judgment on the issue of the landowner's liability as the injured party's employer, and held that (1) there was no evidence in the record that would support a finding that he was an employee of the landowners or independent contractor because the landowners had no control over the performance of the work, (2) the injured worker had no contract with the landowners, and (3) tree trimming was not an inherently dangerous activity because the work was not intrinsically dangerous. The court affirmed the decision of the appellate court granting...