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Kittell v. Vermont Weatherboard, Inc.

417 A.2d 926, 138 Vt. 439 (1980)

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Kittell v. Vermont Weatherboard, Inc.

Vermont Supreme Court
417 A.2d 926, 138 Vt. 439 (1980)

Facts

Michael D. Kittell (plaintiff) was working for Vermont Weatherboard, Inc. (Weatherboard) (defendant) when he was injured on the job. At the time of his injury, Kittel, who was inexperienced and had no training, was operating a saw from which Weatherboard had removed all safety devices. A splinter flew through Kittel’s eye and into his head, causing severe injuries. Kittel filed a tort claim in state court against Weatherboard, arguing that his injury was outside the scope of workers’ compensation because of Weatherboard’s willful and wanton conduct in removing the safety devices and requiring him to operate the saw without training or experience. The trial court dismissed the complaint, holding that workers’ compensation was Kittel’s exclusive remedy. Kittel appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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