Danielle Lowe, ex rel. Beau Christopher Lowe v. Bridgestone Americas Tire Operations, LLC
Case Details
- Judge(s)
- Judge Kenny Armstrong
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- Appeal from summary judgment ruling; partial reversal and partial affirmance
Related Laws
No specific laws identified for this ruling.
Outcome
Appellate court reversed summary judgment on duty question due to disputed material facts regarding employer's duty to deceased employee, but affirmed denial of summary judgment on workers' compensation exclusivity.
Excerpt
This is a premises liability/wrongful death case. Decedent, an employee of appellee's independent contractor, died when the suspension system that was used to lift and turn tire molds failed, and the mold fell onto decedent. The trial court denied appellee's motion for summary judgment on the question of workers' compensation exclusivity, but it granted appellee's motion for summary judgment on the question of duty. Because disputed material facts concerning appellee's duty to decedent preclude summary judgment, we reverse the trial court's grant of the motion on that question. We affirm the trial court's denial of summary judgment on the workers' compensation exclusivity question.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
Similar Rulings
Summary judgment/Employer intentional tort/Spoliation of evidence/Property claims
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