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696, 701, 433 P.2d 558 (1967). Ultimately, after the court allowed the case to be bifurcated and proceeded to a jury trial the jury found that the Wichita Electric Company did not have a right of control over the injured worker and a secondary recovery was able to be received monetarily for the injured worker.
Example 3. In this particular instance the employee was an injured worker who was an independent contractor going to perform construction services at a house that was being built. Unbeknownst to the independent contractor, the painting independent contractors had covered a large hole in the floor with a painter’s tarp and placed large 5 gallon buckets all around the hole without placing any warning signs to tell any person who might walk across the tarp that there was no flow floor below tarp.
We were able to get a successful result for the injured worker that was much greater than the amount of the Workers’ Compensation benefits. Example 4. We have had many injured workers who are operating a motor vehicle including a car, pickup or tractor-trailer and driving as part of their regular job for their employer where they are involved in a motor vehicle accident with another driver of a different vehicle who is at fault.
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Example 6. I represented two injured workers who were hired in Kansas to work on a construction job out-of-state. These workers were up on a tall scaffold and a large mobile crane that was set up improperly tipped over causing the scaffold to fall, thereby severely injuring seven to eight men who were knocked off the scaffold (Birmingham Personal injury lawyers).
The court did not decide that they were borrowed servants or employees. The case settled just immediately before it was set to go to trial for a substantial amount that gave the injured workers a much greater settlement for personal and bodily injuries than they would have otherwise received from their workers’ compensation cases.
These cases will many times involve the negligence of businesses and the employees and independent contractors that they hire (alabama injury lawyers). This leads into claims for negligent hiring, negligent training, negligent supervision, and if they keep the employee and do not retrain them after their employee has had other accidents, then it may provide a negligent retention claim.
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If you have an accident in Kansas, our courts have abandoned and modified the rule that takes away the right to bring that secondary claim. In Kansas, each claim is a separate and distinct cause of action. The same rule does not apply in Missouri, but does in Kansas and is beneficial to any injured worker who has been injured due to the negligence and fault of a third person who is not their co-employee and not in control by the injured worker’s employer.
This is the majority rule in many states, but it has been abandoned and distinguished in Kansas. In the McHaffie case the Missouri Supreme Court ruled that in an automobile accident it was improper to allow an injured plaintiff to proceed against their employer under the theory of negligent hiring when the employer had already admitted Respondeat Superior liability.
The court reasoned that because negligent hiring is a form of imputed liability it means that the employer cannot be made more liable than the employee for the damages which were the result of the employee’s negligence. The court in that case concluded that allowing a plaintiff to proceed on another additional theory or liability where Respondeat Superior had been admitted, would allow a waste of judicial resources, would create confusion and it might allow the admissibility of potentially inflammatory evidence which would be irrelevant to prove a contested issue in the case.
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Jurisdictions like Kansas have found that an admission that the employee was acting within the scope of his or her employment does not preclude an action for both Respondeat Superior and negligent entrustment or for negligent hiring, negligent retention or for negligent supervision. In the case of Kansas State Bank and Trust Co.
Specialized Transportation Services, Inc., 249 Kan. at 362, 819 P.2d 587 the Kansas Supreme Court held that liability under a negligent hiring, retention or supervision claim results not because of the employer-employee relationship, but because the employer had reason to believe that an undue risk of harm to others would exist as a result of the employment of the alleged tortfeasor.
This allows the injured plaintiff to bring separate and distinct causes of action. For example, one cause of action may be directly against the employer and its employee under the doctrines of vicarious liability and Respondeat Superior. Even when the defense admits that their employee was working in the course and scope of employment for the employer, it does not stop the injured plaintiff from bringing a secondary claim and even a third claim for each distinct cause of action.
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If the negligent employer did not use appropriate safety training and supervision that may provide a separate cause of action (injury lawyer birmingham). If the negligent employer had a bad employee who had multiple negligent prior acts at work and caused property damage or injured others before the new accident and they never retrained that employee and never put them back through safety training, it may provide another separate and distinct cause of action for negligent retention.
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