Alaperet v. Phelps

408 F.2d 669 Bryan ALAPERET and Laurie Alaperet, by Karen Alaperet, as guardian ad litem, and Karen Alaperet, Appellants, v. Lillian A. PHELPS, as personal representative of W. D. Phelps, Deceased, Appellee. No. 22082. United States Court of Appeals Ninth Circuit. February 26, 1969. J. Kent Bourland (argued), of Wisti, Jaaskelainen & Schrock, Hancock, Mich., for appellant. Elwin C. Leavitt (argued), Las Vegas, Nev., for appellee. Before JOHNSEN * , MERRILL and ELY, Circuit Judges. JOHNSEN, Circuit Judge. 1 The action involved is one in diversity jurisdiction for damages from wrongful death under Nevada law, brought by the widow and the guardian ad litem of the minor children of Douglas Alaperet, deceased, against W. D. Phelps, the general contractor on a well-construction project. The District Court dismissed the action on summary judgment, and we affirm. 1 2 It seems clear to us that the District Court properly held that, under the Nevada Industrial Insurance Act (workmen's compensation law), Chapter 616, Nevada Revised Statutes (herein N.R.S.), Alaperet, who was an employee of General Machine Shop, had the status of a "statutory employee" of Phelps as to the work which he…