Robert Ray v. Monsanto Company, a Corporation

In this diversity suit arising in Idaho, Robert Ray sought damages from Monsanto Company for personal injuries sustained in a construction accident. Monsanto moved for a summary judgment on the ground that, as a statutory employer of Ray under the Workmen’s Compensation laws of Idaho (Act), it was immune from such a tort action. The district court granted summary judgment for Monsanto, and Ray appeals.

Monsanto owns and operates phosphate production facilities at Soda Springs, Idaho. It contracted with Tel-lepsen Construction Company (Tellep-sen) to build a large furnace for the production of phosphorus. The construction took place on Monsanto property adjacent to the existing Soda Springs facilities. Ray, an employee of Tellep-sen, was injured on March 1, 1969, when an improperly matched bolt and nut connection gave way under tension. Ray alleged that the mismatch occurred due to Monsanto’s negligence in furnishing the parts and in failing to follow the design for installing them in the new furnace.

If Monsanto was the statutory employer of Ray under the terms of the Act, it is immune from this common law damage action. IDAHO CODE ch. 2, § 72-203 (1917). On the other hand, if…

(dissenting):

The majority opinion finds more comparison in the cases of Moon v. Ervin, 64 Idaho 464 , 133 P.2d 933 (1943), Gif-ford v. Nottingham, 68 Idaho 330 , 193 P.2d 831 (1948) and Kirk v. United States, 232 F.2d 763 (9th Cir.1956) than in Beedy v. Washington Water Power Co., 238 F.2d 123 (9th Cir.1956). I find the comparisons strained. The special circumstances in Beedy (supra) are aided here by the degree of control exercised by Monsanto over the work of the independent contractor.

Here, as in Beedy (supra) there is an independent contractor adding to existing facilities. The end result — a necessary and important part of the defendant’s entire operation — is indistinguishable. The language of Beedy is here apposite :

Monsanto was adding to its production capacity. These circumstances together with the aspects of control discussed by the district court compel the conclusion that it is “virtually the proprietor or operator of the business there carried on, but who, by reason of there being an independent contractor, or for any other reason, is not the direct employer of the workmen there employed.” This language connotes something less than actual ownership or actual…

420 F.2d 915 Robert RAY, Appellant, v. MONSANTO COMPANY, a corporation, Appellee. No. 23107. United States Court of Appeals Ninth Circuit. January 5, 1970. Rehearing Denied February 5, 1970. R. Max Whittier, of Whittier, McDougall & Dwyer, Pocatello, Idaho, for appellant. Ben Peterson, of Baun & Peterson, Pocatello, Idaho, for appellee. Before HAMLEY and BROWNING, Circuit Judges, and REAL, District Judge * HAMLEY, Circuit Judge: 1 In this diversity suit arising in Idaho, Robert Ray sought damages from Monsanto Company for personal injuries sustained in a construction accident. Monsanto moved for a summary judgment on the ground that, as a statutory employer of Ray under the Workmen's Compensation laws of Idaho (Act), it was immune from such a tort action. The district court granted summary judgment for Monsanto, and Ray appeals. 2 Monsanto owns and operates phosphate production facilities at Soda Springs, Idaho. It contracted with Tellepsen Construction Company (Tellepsen) to build a large furnace for the production of phosphorus. The construction took place on Monsanto property adjacent to the existing Soda Springs facilities. Ray, an employee of Tellepsen, was injured on…