 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Mead v. Western Slate2/13/2004
Defendants Western Slate, Inc. and Jeffrey N. Harrison appeal from the denial of their post-trial motions for judgment as a matter of law, or in the alternative, for a new trial, following a jury verdict finding them liable for injuries to their employee, plaintiff Martin Mead, Jr., under the intentional-injury exception to the workers' compensation law. Defendants contend the court erred in ruling that the exception could be satisfied by a showing that they knew to a "substantial certainty" their conduct would result in plaintiff's injury. We conclude that the evidence was insufficient as a matter of law to support such a showing, and therefore reverse.
2. Viewing the evidence in the light most favorable to the judgment, as we must on appeal from a denial of a motion for judgment as a matter of law, Brueckner v. Norwich Univ., 169 Vt. 118, 120-21, 730 A.2d 1086, 1089 (1999), the facts may be summarized as follows. Plaintiff Martin Mead had worked for defendant Western Slate, Inc. as a mechanic, sawyer, and driller for several years prior to the accident that gave rise to this litigation. He had extensive experience working in Western's slate quarry pit, and also had prior work experience in the quarry of another employer. Defendant Jeffrey N. Harrison is the co-owner of Western. He is an experienced slate quarry operator and was generally in charge of mining operations at the time of incident. On the morning of August 17, 1999, Harrison directed plaintiff to prepare a "pillar" - or area of stone - below the northeastern high wall for excavation. Plaintiff spent much of the day in the pit drilling holes along the butt and grain of the rock for the insertion of packing material and explosives.
3. The next morning, plaintiff returned to the area to complete the drilling. Upon arrival, however, he observed fresh debris in the area - indicating a recent rock fall. Plaintiff sent two co-workers, his brother Richard Mead and Leonard Andrews, to inform Harrison about the situation, and then commenced to complete the drilling. Plaintiff recalled that when the two returned, Richard reported that Harrison had instructed them to load the explosives and packing material in their truck, return to the pit, and finish the drilling, loading, and firing. Harrison had also indicated that he needed to go to the store to buy parts, and would return shortly to inspect the area.
4. Mead and Andrews loaded the packing material and explosives in their truck as directed, returned to the pit, and reported their conversation with Harrison to plaintiff. Plaintiff then completed the drilling and was in the process of loading the holes with explosives when he was struck by a rock fall, sustaining multiple fractures and lacerations. Plaintiff applied for and received workers' compensation benefits. He also filed a personal injury action against Harrison and Western, alleging that they had committed an intentional tort by failing to order him to cease operations and leave the area after the initial rock fall, resulting in a substantial certainty of injury. See Kittell v. Vt. Weatherboard, Inc., 138 Vt. 439, 441, 417 A.2d 926, 927 (1980) (workers' compensation provides exclusive remedy for work-related injury absent "specific intent to injure"). Plaintiff also sued Harrison under a separate co-employee claim that Harrison had committed affirmative acts of negligence by ordering plaintiff to work in the pit after Harrison had been informed of the initial rock fall. See Gerrish v. Savard, 169 Vt. 468, 471, 739 A.2d 1195, 1198 (1999) (workers' compensation exclusivity does not prohibit employee's action against co-worker for negligence outside parameters of employer's non-delegable duty to maintain safe workpl
Page 1 2 3 4 5 6 Vermont Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|