Stinnett v. Buchele case brief

Stinnett v. Buchele case brief summary
598 S.W.2d 469 (1980)

CASE SYNOPSIS

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.

CASE 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. The trial court granted summary judgment to the farm employer because it determined that the safety regulations did not create an independent cause of action against an employer and there was no evidence that the farm employer had sufficient familiarity with the circumstances at the farm location that he had a duty to the farm employee to discharge. The farm employee asserted that the farm employee was required to provide a safe work place.


DISCUSSION

• The court affirmed the grant of summary judgment and determined that the failure to comply with the safety net regulations did not raise an independent cause of action against the farm employer and the farm employer was not the guarantor of absolute safety so that when the farm employee's knowledge was greater than that of the farm employer, the farm employer did not have a duty to the farm employee.

CONCLUSION

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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