Adamson v. Okland Construction Company ( 1973 )

ELLETT, Justice

(concurring in the result) :

I concur in the result because I do not think there was any negligence shown on the part of the general contractor. However, I am not prepared to hold that an employee who may further the work of the general contractor is engaged in the same employment with the general contractor even when working under its general supervision.¹

I am of the opinion that under the rules announced in the case of Peterson v. Fowler et al.,² the decedent in this case was not at the time of his death necessarily engaged in the same employment as was the general contractor and, therefore, a jury question would exist if there was any negligence on the part of the general contractor.

HENRIOD, J., concurs in the concurring opinion of ELLETT, J.

1 . Nauman v. Beecher, 19 Utah 2d 101, 426 P.2d 621 (1967).

2 . 27 Utah 2d 159, 493 P.2d 997 (1972).