Woodson v. Rowland

Thomas Sprouse worked for Morris Rowland Utility, Inc. (Rowland Utility) (defendant). Neal Morris Rowland (Morris Rowland) (defendant) was Rowland Utility’s president and sole shareholder. Davidson & Jones, Inc. (Davidson) (defendant), a general contractor, hired Rowland Utility to dig trenches on a construction project. The project’s developer, Pinnacle One Associates (Pinnacle One) (defendant), had no knowledge of the trench digging or who was going to perform the work. Davidson’s crew, supervised by Lynn Craig, helped dig the trenches to save time. The trenches were not sloped, shored, or braced, so Craig refused to let his crew work without a trench box as required by state occupational safety rules. Both Craig and Morris Rowland had significant experience with trenches, and Morris Rowland had been cited at least four times for violating trench safety procedures. Morris Rowland acquired a trench box for the Davidson crew only. One Sunday, the Rowland Utility crew was working alone. Although the Davidson trench box was not being used, Morris Rowland chose not to use it. The trench collapsed, completely burying Sprouse, killing him. Susie Mae Woodson (plaintiff), the administrator of Sprouse’s estate, filed a workers’-compensation claim and an intentional-tort claim against Rowland Utility, Morris Rowland, Davidson & Jones, and Pinnacle One in state court. Woodson requested to hold her workers’-compensation claim pending the civil suit. Woodson submitted an expert-witness opinion that the way Rowland Utility dug the trench caused the trench to have an exceedingly high probability of failure. The trial court granted summary judgment against Woodson, holding that worker’s compensation was her exclusive remedy, and the appellate court affirmed. Woodson appealed.