332 S.W.3d 733
Ky. Ct. App.2011Background
- Dixon Electric had a written contract with LFUCG to install/repair traffic signals in Lexington.
- Dixon sometimes used LFUCG police to direct traffic at intersections during work.
- On Sept. 21, 2005, Officers Forbes and Keaton provided manual traffic control at a busy intersection.
- Forbes was injured when Hill struck his vehicle; Forbes collected workers' compensation via the police department.
- Forbes and his wife sued Hill and later added Dixon Electric, alleging failure to warn about inoperable signals.
- Dixon moved for summary judgment asserting up-the-ladder immunity under KRS 342.610; courts and parties engaged in discovery and briefing before the ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dixon is entitled to up-the-ladder immunity under KRS 342.610(2)(b). | Forbeses contend Cain changed the test. | Dixon argues traffic control is a regular part of its contract and falls within Cain. | Yes; immunity applies under Cain and KRS 342.610(2)(b). |
| Whether Dixon properly pled and produced evidence of workers’ compensation coverage. | Forbes argue lack of pleadings and coverage. | Dixon asserts discovery supported coverage and Forbes benefited from it. | Evidence supported coverage; issue resolved in Dixon’s favor. |
| Whether Cain’s test is a new standard or a summary of prior law. | Forbes argue Cain introduces a two-part test. | Dixon contends Cain clarified existing standard. | Cain clarifies the standard; not a new test. |
| Whether the circuit court properly applied the immunity framework to the facts. | Forbes challenge applicability due to traffic direction by police. | Dixon contends traffic control was a regular part of its contractual obligations. | Regular/recurrent traffic control under the contract qua contractor satisfied up-the-ladder immunity. |
Key Cases Cited
- General Electric Co. v. Cain, 236 S.W.3d 579 (Ky. 2007) (up-the-ladder immunity depends on work being regular or recurrent; Cain clarifies test)
- Daniels v. Louisville Gas & Electric Co., 933 S.W.2d 821 (Ky. App. 1996) (contractual obligation analysis for contractor/subcontractor status)