Jordon v. Champl (In re in Ref. Co.)

• Decision Date: 12 October 1948
• Docket Number: Case Number: 32478
• Parties: JORDON v. CHAMPLIN REF. CO.
• Court: Oklahoma Supreme Court

1948 OK 216

198 P.2d 408

200 Okla. 604

JORDON v. CHAMPLIN REF. CO.

Case Number: 32478

Supreme Court of Oklahoma

Decided: October 12, 1948

Syllabus

¶0 1. MASTER AND SERVANT - WORKMEN'S COMPENSATION - Right of action for injuries and jurisdiction of courts abrogated by Workmen's Compensation Law.

Employee's right of action for injuries arising out of and in course of hazardous employment and jurisdiction of courts thereover, with certain exceptions, are abrogated by Workmen's Compensation Law. 85 O. S. 1941 § 1 et seq.

2. SAME - Liability of principal employer to provide compensation for injuries to employee of independent contractor exclusive - Employee unable to maintain action in tort.

Liability of the principal employer under the terms of the Workmen's Compensation Law of this state to provide compensation for injuries to an employee of an independent contractor is exclusive, and such employee is without right to maintain action in tort against the principal employer on account of such injuries.

Appeal from District Court, Oklahoma County; Lucius Babcock, Judge.

Action by G.K. Jordon against the Champlin Refining Company et al. Judgment for defendants, and plaintiff appeals. Affirmed.

Gilliland, Ogden, Withington, Shirk & Vaught and Leo J. Williams, all of Oklahoma City, for plaintiff in error.

Monnet, Hayes & Brown, of Oklahoma City, Scarritt & Champlin, of Enid, and Embry, Johnson, Crowe, Tolbert & Shelton, of Oklahoma City, for defendant in error.

DAVISON, V. C. J.

¶1 This is an action wherein G.K. Jordon, as plaintiff, seeks to recover from Champlin Refining Company, a New Mexico corporation, Champlin Refining Company, an Iowa corporation, and Tom Muir, damages for personal injuries proximately resulting from negligence. The parties will be referred to as they appeared in the trial court. No testimony appears in the record which would in any way tend to connect the Iowa corporation with the situation presented and that defendant will therefore be entirely disregarded. The New Mexico corporation will be referred to as "the company."

¶2 In 1942, the defendant company entered into a contract with one of the federal agencies to construct, at said defendant's refinery in Enid, Okla., a plant for the production of high octane aviation gasoline. In July, 1943, the defendant company made a contract with Turner and Ross Construction Company, a partnership, whereby the latter agreed to furnish all labor necessary to complete the pipe-fitting work on said plant which was then under construction, the said defendant agreeing to furnish all tools and material necessary for such work. Among other things, the contract provided:

"The company agrees to pay for the above described work the cost of all labor, compensation insurance, and Federal and State pay-roll taxes, plus 12 1/2% thereof. The contractor will bill the company for such charges each 30 days, furnishing certified pay-rolls as to labor, and certified invoices as to all other expenses beginning September 1, 1943, and the company will pay such statements within 10 days thereafter. . . .

"It is agreed that the contractor shall have complete supervision of the work as an independent contractor, and the company shall have no control thereof except to accept or reject the finished work and the contractor shall not be the agent or employee of the company for any purpose. . . ."

¶3 On September 1, 1943, the plaintiff, an employee of Turner and Ross, was assisting in laying a pipe line around a tank and on a scaffold which was approximately 17 to 20 feet above the ground. The joints of pipe were raised to the scaffold by a crane owned by defendant company and operated by its employee, the defendant Tom Muir. Plaintiff alleged in his petition, and attempted to prove at the trial, that Muir had raised a U-shaped joint of pipe from the ground with the crane and had lowered it into position; that plaintiff took hold of it in order to guide it into place when Muir suddenly and without warning raised the joint of pipe, swinging it away from plaintiff; that the movement of the pipe in this manner caused plaintiff to lose his balance and fall from the scaffold onto a pile of scrap iron. Plaintiff's head, back, and arm were seriously injured resulting in permanent total disability.

¶4 Plaintiff filed a claim with the State Industrial Commission against Turner and Ross and their insurance carrier and then filed an election to proceed against a "third party," reserving the right to further proceed before the commission after the conclusion of the suit as provided for in 85 O. S. 1941 § 44. This action was then filed, and...