LexisNexis® Legal Newsroom
TX: Wrongful Death Lawsuit Filed Over Gulf Oil Rig Explosion, Fire

HOUSTON , TX - Attorneys with the Houston trial law firm Arnold & Itkin LLP yesterday filed a wrongful death lawsuit on behalf of the family of Aaron Dale Burkeen , one of 11 men still missing after the recent oil rig explosion in the Gulf of Mexico . A resident of Philadelphia, Miss. , Mr. Burkeen...

Five Recent Cases You Should Know About (6/27/2010)

Larson’s Spotlight on Immigration Status, Going and Coming Rule, Stress, Diabetes, and Wrongful Death. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation Law , has compiled the list below...

Five Recent Cases You Should Know About (4/15/2011)

Larson's Spotlight on Termination of Benefits, Employee Status, Penalty for Unreasonable Defense of Claim, Wrongful Death, and Loss of Sight. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation...

Missouri: Uninsured Employer Faces Wrongful Death Suit After Comp Settlement

An uninsured employer could be sued for wrongful death because claimant's worker's compensation settlement against a statutory employer was not an election of remedies, according to the Missouri Supreme Court in Lewis, etal, v. Gilmore, etal, No. SC 91834, 2012 Mo Lexis 109 (June 12, 2012) ....

Larson’s Spotlight on Recent Cases: Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

Larson’s Spotlight on Recent Cases: Survivors of Deceased Employee Allowed to Bring Tort Action Against Uninsured Employer

Larson's Spotlight on Tort Action Against Uninsured Employer, Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

Missouri: Court Rejects Co-employee Liability in Wrongful Death Claim

Many Missouri employees have been dragged in court recently regarding workplace injuries following a landmark 2010 case Robinson v Hooker , 323 S.W.3d 418 (Mo. App. W.D. 2010), which concluded the exclusive remedy of the Missouri workers’ compensation act after statutory reform no longer provided...

Larson’s Spotlight on Recent Cases: Court Bars Medical Expert Testimony on Sick Building Syndrome

Larson's Spotlight on Sick Building Syndrome, Wrongful Death and Exclusive Remedy, Retaliatory Discharge, and Unexplained Fall. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

Missouri: Court Allows Wrongful Death Claim Against Employer for Intoxicated Employee

An employee of a funeral home drove a company van to a bar, he became intoxicated, and then he died in an accident on the way home. The court of appeals reversed a dismissal of the wrongful death claim from the minor child and surviving spouse against his employer and the company owners. Hays v Francis...

Larson’s Spotlight on Recent Cases: Gratuitous Furnishing of Company Truck

Larson's Spotlight on Company Truck and Employee Travel, Wrongful Death, Minimal Income, and Retaliatory Discharge. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the...

Larson’s Spotlight on Recent Cases: Mother of Injured Worker Dies From Stress Related to Comp Claim

Larson's Spotlight on Exclusive Remedy, Fraud, Forfeiture of Future Disability Rights, and Extraordinary and Unusual. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the...

Ohio: Wrongful Death Action Against Employer for Faulty Scaffolding Fails to Proceed

Construing the state’s intentional tort exception to exclusivity, an Ohio appellate court recently affirmed a trial court’s order grant summary judgment to an employer in a civil action filed by the widow of a deceased worker killed when scaffolding upon which he was working collapsed. The...

Virginia: Real Estate Developer Is Subject to Wrongful Death Action for Contractor’s Employee

In a split decision, the Supreme Court of Virginia held that the trial court erred when it sustained a plea in bar and dismissed a wrongful death action filed against a property owner by the estate of a general contractor’s employee who was killed in a construction accident. The majority held that...

Massachusetts: Estate May Not Maintain Wrongful Death Against Directors of Nonprofit Employer

The estate of a residential treatment counselor at a mental health clinic may not maintain a wrongful death action against two directors of the mental health association that employed the decedent, held the Supreme Judicial Court of Massachusetts. The counselor was fatally attacked by one of the facility’s...

Federal: Widow’s Wrongful Death Action Against Employer For Husband’s Exposure to Harmful Substances May Be Removed to Federal Court

Construing Missouri law, a federal district court held that a widow, who alleged her husband died as a result of exposure to a variety of harmful substances while he worked for the defendant manufacturing firm, had alleged common law tort liability; her claim did not “arise under” the state’s...

Virginia: Wrongful Death Action Related to Death of Police Recruit From Blow to Head in Training Barred by Exclusivity

The Supreme Court of Virginia affirmed the dismissal of a widow’s wrongful death action filed against the chief of police of the City of Norfolk and other police officials following the death of her husband, who died after receiving several blows to the head during his training as a recruit at...

Georgia: Exclusive Remedy Bars Wrongful Death Action by Non-Dependent Heir in Spite of Statute’s Refusal to Allow Payment of Comp Benefits

The Supreme Court of Georgia affirmed a trial court’s order granting summary judgment to an employer in a wrongful death action filed by the mother of a deceased employee, agreeing that the exclusive remedy provisions of the Georgia Workers’ Compensation Act barred the civil action. That...

Washington: Widow’s Wrongful Death Action for Husband’s Mesothelioma Barred by Exclusivity

Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly, a widow’s contention that her husband’s...

Arkansas: Special Employer Enjoys Exclusive Remedy Defense in Wrongful Death Action Filed Against It

An Arkansas appellate court held that the state’s Workers’ Compensation Commission did not err when it determined that a deceased worker was the defendant-company’s “special” employee since, at the time of the worker’s fatal injury, the defendant-company had the right...

Connecticut: “Payloader” Is Not Motor Vehicle for Purposes of Special Rule Allowing Tort Action Against Fellow Employee

Conn. Gen. Stat. § 31–293a creates several exceptions to the otherwise applicable rule that a workers’ compensation claim for benefits is the exclusive remedy that an employee may pursue against a fellow employee. One such exception allows the injured employee to proceed in tort against...

California: Exclusive Remedy Provision Bars Separate Suit Related to Asbestos-Laden Pipes Carried Home for Home Projects

Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe home, where he was exposed to asbestos in using...

Georgia: Parent’s Wrongful Death Action for Negligent Hiring of Convicted Felon May Proceed

Where an employee was shot and killed by a co-employee on the special employer’s premises for no apparent reason—the two hardly knew each other and had no difficulties with each at work—the death did not arise out of and in the course of the employment. Accordingly, the exclusive remedy...

Texas: Police Sergeant’s Widow May Not Recover Wrongful Death Benefits Against Police Department

A widow’s civil action to recover damages from the Houston Police Department related to an incident in which her husband, a police sergeant, was killed in the line of duty by a man who was present in this country illegally, and who was subsequently convicted of the police sergeant’s murder...

North Dakota: Widow’s Tort Action Fails Under State’s “Almost Impossibly Strict Standard” for Intentional Tort Allegations

The Supreme Court of North Dakota held the trial court properly granted a former employer’s summary judgment dismissing a widow’s wrongful death action against it because the facts alleged did not provide a genuine issue of material fact to avoid the exclusive remedy provisions of the Workforce...

Maine: Wrongful Death Action Barred by Exclusive Remedy Provisions of State Comp Act

The Supreme Judicial Court of Maine held that an estate’s wrongful death action against the deceased employee’s employer was barred by the exclusive remedy provisions of the Maine Workers’ Compensation Act where the undisputed evidence indicated the deceased employee had sustained fatal...