Alfred Romero and Gloria J. Romero v. Ten Eyck-Shaw, Inc.

This is an appeal from a decision of the United States District Court for the District of Nevada, which entered summary judgment for the defendant. Jurisdiction is based upon diversity of citizenship. We affirm.

Alfred Romero, one of the appellants, was injured while working on a construction project in Nevada. The appel-lee, Ten Eyck-Shaw, Inc., was the general contractor for the project. Romero alleges that Ten Eyck’s negligence was the cause of his injuries. Romero was employed by Guy Apple Masonry Contractor, Inc., a citizen of Arizona and a subcontractor for Ten Eyck. There is some dispute as to whether the contract whereby Romero was hired by Guy Apple was made in Arizona or in Nevada. In the absence of a finding on this point by the district judge, and because we are reviewing a summary judgment against Romero, we will assume that, as Romero contends, the contract was made in Arizona. The contract between Ten Eyck and Guy Apple was orally agreed upon in Nevada. The written contract was signed by Ten Eyck in Texas, mailed to Guy Apple, and signed by Guy Apple in Arizona.

Under the workmen’s compensation system of Nevada, subcontractors and their employees are deemed to be…