Examples of case law from states and districts that have applied the borrowed servant doctrine to crane operations

18 April 2008

Mccullom V. Smith, 339 F.2D 348 (9TH CIR.1964) Crane operator whose movements were directed by employees of lessee was loaned servant of lessee with respect to act causing plaintiff's injury because lessee controlled where and when crane was to be used.

Tim's Crane & Rigging, Inc. V. Gibson, 6-4 S.E.2D 763 (GA. 2004)

Lessee of crane and operator held liable for crane operator's negligence resulting in injury to lessee's employee when the contract for the hire of the crane specifically stated that the lessee had complete control and direction of operator, lessor had no control, and lessee had exclusive right to discharge operator.

New York Cent. R. Co. V. Northern Indiana Public Service Co., 221 N.E.2D 442 (IND. APP. 1966)

Crane operator was loaned servant of lessee when operator contacted high tension line, killing railroad employee, because operator's movements were directed by lessee.

Nepstad V. Lambert, 50 N.W.2D 614 (1951)

Although lessor continued to pay crane operator's wages, could discharge crane operator and direct how truck crane was to be maintained, operator was a loaned servant to the lessee because lessee's employees directed operator's movements by hand signals.


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