Spradlin

Plaintiff James Spradlin commenced this personal injury action against defendants Donald Cox and D.C. Faller to recover damages for loss of his left thumb. Concluding that plaintiff’s exclusive remedy was under the state’s Workers’ Compensation Act, the trial court granted defendants’ motion for summary judgment and dismissed the complaint. This appeal follows. We reverse.

Plaintiff’s injuries were incurred on July 27, 1984, when his left thumb was severed by a power saw operated by his brother-in-law, defendant Cox. At the time, both men were attempting to rebuild a stairway at an apartment complex managed by Cox’s employer, Faller & Associates. Cox himself had been employed as a carpenter and handyman by Faller for approximately six months before the accident and usually worked alone. On the day in question, however, plaintiff had accompanied him to the jobsite and was assisting in the construction of several wooden frames for the stairway. During that process, Cox directed plaintiff to hold a “2 by 12” board steady on sawhorses while he cut it into diagonal pieces using the power saw. Without warning, the saw struck a knot in the wood causing Cox to lose control and…