In January of 2013, the Court of Appeals of Kentucky decided a case that involved a personal injury in Louisville. (See Jacobs v. M.A. Mortenson Co., 2103 WL 53874 (Ct. App. 2013)). The plaintiff was injured while he worked at the KFC Yum! Center. After he was injured, the plaintiff spoke to a personal injury attorney in Louisville. His personal injury attorney in Louisville took on the case and sued the general contractor. This was a big project that was being worked on at the KFC Yum! Center. The owner of the building hired a general contractor for the construction of the project. That general contractor then hired subcontractors to do some of the concrete work. Plaintiff worked for the subcontractor.
During the construction of the building, plaintiff suffered a work related injury. That is when he contacted his personal injury attorney in Louisville and then brought a personal injury lawsuit against the owner and others associated with the construction project. The defendant owner initially filed a motion to dismiss with the trial court, but the trial court denied it. So, defendant then filed a motion for summary judgment and argued that the plaintiff, in this personal injury lawsuit filed in Louisville, that the injured plaintiff was barred by the exclusive remedy of the Workers’ Compensation Act. Id.
The Louisville personal injury trial court agreed that the defendant was entitled to “up-the-ladder immunity” and dismissed the lawsuit against the owner of the building. This appeal was then brought by plaintiff’s persona injury attorney in Louisville. This court affirmed the trial court’s ruling holding that “under the exclusive remedy provision, an “employer” is broadly defined to include not only a worker’s direct employer but also a contractor utilizing the worker’s direct employer as a subcontractor.” (cites omitted). The owner of the building hired the general contractor who then hired the subcontractor. The owner was entitled to the up-the-ladder immunity.
If you have been the subject of a Louisville personal injury case, please call and speak to a personal injury attorney in Louisville at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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