Robert Mickelsen and Andrew C. Hartley, State Insurance Manager, State Insurance Fund v. Monsanto Company, a Delaware Corporation

In this diversity suit arising in Idaho, Robert Mickelsen seeks damages from Monsanto Company (Monsanto) for personal injuries sustained in an accident on Monsanto’s premises. Andrew C. Hart-ley, State Insurance Manager, State Insurance Fund, as an additional plaintiff, claims a right to be subrogated to the rights of Mickelsen to the extent of workmen’s compensation benefits that have been paid to Mickelsen by the Fund.

Monsanto moved for summary judgment on the ground that under the undisputed facts, Monsanto was Mickelsen’s statutory employer under Idaho Code § 72-1010 (1917), and so immune from such a tort action. The district court granted the motion, entered judgment for Monsanto, and plaintiffs appeal.

Monsanto is in the primary business of making elementary phosphorous at its plant near Soda Springs, Idaho. A new electricity transformer had been installed on Monsanto’s plant property. Pursuant to a written contract with Monsanto, Gagon Lumber Company (Gagon) had undertaken to supply laborers for various work projects at the Monsanto plant, including the construction of a chain fence around the new transformer. On February 21, 1966, Mickelsen, an employee of Gagon, was…