Stinnett v. Buchele (1980)
598 S.W.2d 469
Procedural History
• Appellant farm employee challenged a decision from the trial court (Kentucky), which granted summary judgment to appellee farm employer in the action by the farm employee for injuries sustained during the course and scope of employment when he fell off a barn he was painting.
Facts
• The farm employee was injured when he fell off a barn roof. The farm employee brought an action against the farm employer that asserted negligence in the failure to comply with safety regulations that required the installation of safety nets for work in elevated areas and failure to provide a safe place to work.
Issue
• For the issue of a party’s negligence to go to a jury, must evidence of that party’s negligence exist?
Rule
• For the issue of a party’s negligence to go to a jury, evidence of that party’s negligence must exist.
Application
• The liability of the employer rests upon the assumption that the employer has a better and more comprehensive knowledge than the employees, and ceases to be applicable where the employees’ means of knowledge of the dangers to be incurred is equal to that of the employer.
• The employer also wasn’t on the premises to oversee the work nor did he now that the worker was there that day.
Holding
• The court affirmed the decision from the trial court that granted summary judgment to the farm employer in the action by the farm employee for injuries sustained during the course and scope of employment when he fell off a barn that he was painting
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598 S.W.2d 469
Procedural History
• Appellant farm employee challenged a decision from the trial court (Kentucky), which granted summary judgment to appellee farm employer in the action by the farm employee for injuries sustained during the course and scope of employment when he fell off a barn he was painting.
Facts
• The farm employee was injured when he fell off a barn roof. The farm employee brought an action against the farm employer that asserted negligence in the failure to comply with safety regulations that required the installation of safety nets for work in elevated areas and failure to provide a safe place to work.
Issue
• For the issue of a party’s negligence to go to a jury, must evidence of that party’s negligence exist?
Rule
• For the issue of a party’s negligence to go to a jury, evidence of that party’s negligence must exist.
Application
• The liability of the employer rests upon the assumption that the employer has a better and more comprehensive knowledge than the employees, and ceases to be applicable where the employees’ means of knowledge of the dangers to be incurred is equal to that of the employer.
• The employer also wasn’t on the premises to oversee the work nor did he now that the worker was there that day.
Holding
• The court affirmed the decision from the trial court that granted summary judgment to the farm employer in the action by the farm employee for injuries sustained during the course and scope of employment when he fell off a barn that he was painting
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Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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