Henderson v. Bear
Colorado Court of Appeals
968 P.2d 144 (1998)

- Written by Katrina Sumner, JD
Facts
The 15-year-old son of Mark and Toni Henderson (plaintiffs) was killed by electrocution while working at a car wash. Under the Workers’ Compensation Act, Mark and Toni received reimbursement for their son’s medical expenses and $4,000 for funeral expenses. However, Mark and Toni were not awarded dependency benefits to which they believed they were entitled. Mark and Toni filed a claim for wrongful death and for extreme and outrageous conduct against their son’s employers, including William Bear, Susan Bear, and David Cordes, and the car wash (collectively, the employer) (defendants). Mark and Toni filed a private suit, alleging violation of the federal Fair Labor Standards Act (FLSA) and of the Colorado Youth Employment Opportunity Act (the Colorado youth act). The employer responded by filing a motion to dismiss combined with a motion for summary judgment. The employer argued that the remedies available under the federal Workers’ Compensation Act were the exclusive remedies available to Mark and Toni for their son’s death and that the acts under which they filed their suit did not permit private suits. A trial court agreed. The parties agreed to dismiss the claim for wrongful death. The court granted the employer’s motion to dismiss on the basis of failing to state a claim for which an award could be provided and assessed $4,000 in attorney’s fees against Mark and Toni’s attorney for filing a claim that lacked sufficient justification. Mark and Toni appealed and argued that the FLSA was violated because their son performed labor prohibited under the act. On appeal, Mark and Toni also argued that the trial court’s dismissal was in error because there was an implied right to bring a private suit under the FLSA and under the Colorado youth act that overrode the Workers’ Compensation Act’s exclusivity provisions. Mark and Toni also appealed the assessment of attorney’s fees against their lawyer.
Rule of Law
Issue
Holding and Reasoning (Marquez, J.)
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