Cortez v. Nacco Material Handling Group, Inc.

Plaintiff worked for a lumber mill, Sun Studs, LLC. One evening while walking from one area of the mill to another, a forklift hit and severely injured him. After receiving workers' compensation benefits, plaintiff brought suit against Swanson Group, Inc., owner of Sun Studs, as well as other defendants. Plaintiff alleged that Swanson was liable for negligently failing (or for negligently failing to require Sun Studs) to provide a safe workplace and for failing to provide competent safety personnel. Plaintiff also alleged that Swanson was liable under the Employers Liability Law (ELL), which required employers to take certain safety measures. Swanson moved for summary judgment, and the trial court granted its motion on the ground that the workers' compensation statutes provided the exclusive remedy for plaintiff's injuries. The Court of Appeals affirmed the trial court's judgment regarding plaintiff's ELL claim, reversed its judgment regarding plaintiff's negligence claim, and remanded the negligence claim for further proceedings. The court held that neither the workers' compensation statutes nor a statute immunizing limited liability company members and managers barred plaintiff's claims against Swanson. Furthermore, the Court of Appeals held that the allegations in plaintiff's complaint stated a negligence claim but that plaintiff did not have a claim against Swanson under the ELL. After review of the parties' cross-petitions for review, the Supreme Court reversed the Court of Appeals' decision, and reaffirmed the trial court's judgment regarding plaintiff's negligence claim, reversed the appellate court's judgment regarding plaintiff's ELL claim, and remanded the ELL claim to the trial court for further proceedings. View "Cortez v. Nacco Material Handling Group, Inc." on Justia Law