Strickland

Plaintiff Magda Strickland appeals from a summary judgment in favor of defendant Robert Foster, in her action for damages for the wrongful death of her husband, Edwin Strickland (hereafter deceased).

The facts upon which the summary judgment was entered are not in dispute.

The deceased was a truck driver employed by defendant Robert Foster, who was in the business of furnishing trucks and drivers to others for compensation. He furnished a truck driven by the deceased to Logex Trucking Company, which exercised such a degree of control over the truck and driver, as to itself also became an employer. Logex Trucking Company carried workers’ compensation insurance, and Robert Foster did not. While in the employment of both parties, deceased suffered a work-incurred injury which proximately resulted in his death.

Plaintiff Magda Strickland, the deceased’s dependent wife, thereafter sought, and obtained, a workers’ compensation death benefit award, jointly and severally, against the uninsured, Robert Foster, and the insured Logex Trucking Company’s insurance carrier, Home Indemnity Company.

Contemporaneously she commenced the instant wrongful death action against the…