November 27, 2012 South Carolina Court of Appeals published opinion

Johnson v Jackson

Johnson was assigned by his temp worker agency to go with a commercial truck driver to pack and load computer equipment at a hospital. The truck driver’s employer provided packing and transporting services as part of it normal business. Agents of the hospital told the driver where to park and load the equipment. Jackson ran into Johnson with his car causing major injuries which left Johnson permanently disabled. Johnson sued Jackson, the truck driver’s employer and the hospital for negligence. The trial court granted summary judgment to the employer and the hospital finding Johnson was a statutory employee of the employer and the hospital owed him no duty. The panel affirmed in part and reversed in part. The panel held that a jury question existed as to whether the hospital owed a duty based on its voluntary direction to the truck driver where to park. The panel affirmed as the employer holding that because packing and transport was an important part of its business and Johnson was performing those duties, he was a statutory employee under the worker’s comp statute.

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