Summary Judgment

Court granted Summary Judgment (4/23/2009) in high exposure case where a labor ready employee was ejected from a moving sanitation truck and suffered neck, back, arm and knee injuries. The Plaintiff was attempting to circumvent Workers’ Compensation immunity by arguing a "Turner exception"; i.e., that the employer's conduct was substantially certain to result in injury or death. Plaintiff’s argument was based on the allegations that the sanitation truck had no door, no seat belt or door belt, and the temporary employee was given no training or instructions. Defense cited numerous examples where door less travel is permitted, no statute or rule forbids it, and the seat belt statute specifically exempts sanitation workers in the course of their trash pickup. Read More