SALT LAKE CITY (Legal Newsline) – The family of a man killed in an excavator accident can’t sue his employer.
That’s because, the Utah Supreme Court ruled on Nov. 4, they can’t show any negligence on the part of Harrison Western Construction was intentional. The heirs of Kasey Christiansen will only be able to seek financial recovery through the Workers’ Compensation system.
Employees can only pursue damages outside of Workers’ Comp if they can prove their injuries were the result of intentional acts by their employers. The company’s decision not to rent a different type of excavator isn’t strong enough evidence to support a theory it intentionally intended to injure Christiansen, Chief Justice Matthew Durrant wrote.
“Harrison Western‘s knowledge that a walking excavator, rather than a mini-excavator, was the proper equipment for the project and, consequently would increase safety, does not support the conclusion that Harrison Western believed injury was virtually certain to occur when it directed Mr. Christiansen to operate the mini-excavator,” Durrant wrote.
“As we have explained, in order to adequately plead the intentional-injury exception, it is not enough that an employee allege that an employer knew or appreciated risk. And an allegation that an employer has subjected its employees to an unsafe work environment because the employer failed to ‘provide… safety devices’ is nothing more than such an allegation.”
Christiansen worked for Harrison Western as it installed an avalanche control system near Alta Ski Resort. The Utah Department of Transportation said the project required special procedures relating to safety because of the steep and mountainous terrain.
UDOT believed a walking excavator would be the ideal type to use. However, Christiansen was assigned to work in a Caterpillar mini-excavator on a 40-degree sloped. It rolled down the mountain, and Christiansen died from his injuries.
The ensuing lawsuit brought claims of negligence and known or expected injury. The second amended complaint argued Harrison Western intentionally caused his death but was dismissed by Salt Lake judge James Gardner.