Acton and another Mountain View officer were the range masters who inspected the weapons of the Mountain View officers. Plaintiffs assert that the evidence established as a matter of law that (1) Brassinga was acting as a 'volunteer,' (2) even if Brassinga was a special employee of Mountain View, Mountain View would still be liable under Marsh and (3) Brassinga was not a special employee of Mountain View. Plaintiffs assert that this principle is applicable here to permit Brassinga to sue Acton's general employer, Mountain View, even if Brassinga was a special employee of Mountain View. Here, if Mountain View was Brassinga's special employer, the exclusive remedy provisions would necessarily bar a tort action by Brassinga against Mountain View. However, Mountain View did have the power to remove Brassinga from his role playing duties for Mountain View.

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