Facts

In December 2005, Lyle Evans, 49, a laborer for Roads Paving, was injured when his leg got caught in a closing skip-loader's claw. He sued owner Tony George for negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant asked him to off-load a playhouse for his granddaughter outside of normal working hours. Because the injury was not within the scope of plaintiff's employment, workers' compensation was not his exclusive remedy. The defendant did not pay attention and pushed the wrong button so the claw closed on plaintiff at the wrong time.

DEFENDANT'S CONTENTIONS:
The defendant contended workers' compensation was plaintiff's exclusive remedy and plaintiff was comparatively liable for standing on the claw.

Specials in Evidence

$60,000; $30,000

Damages

$250,000 for pain and suffering.

Injuries

Plaintiff suffered from crushed leg bones requiring surgery and physical therapy.

Result

The defendant was granted summary judgment. Workers' compensation was plaintiff's exclusive remedy.