Appellant Jessica Kelly, as trustee for the next-of-kin of Richard Washburn, sued respondent Kraemer Construction, Inc. (Kraemer), alleging that Kraemer’s negligence caused Washburn’s death by electrocution at a construction site. Kraemer moved for summary judgment, arguing that it was engaged in a common enterprise with Washburn’s employer, Ulland Brothers, Inc. (Ulland), and that the election-of-remedies

The plaintiff, Monika Schnur, as special administrator of the estate of her husband Adolf Schnur, brought this wrongful death action seeking to recover damages incurred when her husband was fatally injured while working at the defendant Fairmont Hotel (Fairmont). Prior to trial, the Fairmont filed an affirmative defense asserting that the decedent was a “borrowed”