Abeyta v. Hensley

The appellant, Narcisco Abeyta, brought this action seeking to recover damages for personal injuries which he sustained while working in the course of his employment as a tire repairman. The appellee, Robert Hensley, was the president and general manager of the tire repair firm where Abeyta was employed. It was Abeytas theory that he could proceed against Hensley as a negligent co-employee. Abeyta claimed that Hensley was negligent in two respects: First, because Hensley failed in his duty to furnish Abeyta with a safe place to work; and second, because Hensley employed a young man who was incompetent to perform the duties assigned to him and whose negligence was asserted to have caused Abeytas injuries. At the close of all the evidence the district court directed a verdict in favor of Hensley on the ground that there was no negligence shown on his part. We shall affirm the judgment of the district court.