397 S.W.3d 413
Ky. Ct. App.2012Background
- Reichwein Estate sues JPEC in Kentucky for wrongful death of Connexus employee during 2009 ice storm response.
- JPEC and Connexus had mutual aid agreements; aiding company billed by the requesting company.
- Andrew Reichwein died Feb. 10, 2009 in Kentucky while repairing a JPEC electric pole.
- Deena Reichwein appointed administratrix in Minnesota; ancillary Kentucky administration pursued wrongful death action in McCracken County.
- JPEC moved for summary judgment, asserting exclusive remedy and up-the-ladder immunity; circuit court granted.
- Court applies Kentucky law; holds JPEC entitled to up-the-ladder immunity; forecloses all estate claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Up-the-ladder immunity under KRS 342.690(1) and 342.610(2). | Reichwein argues immunity not satisfied. | JPEC argues contractor status, secured compensation, and regular work. | Immunity applies; judgments affirmed. |
Key Cases Cited
- Cain v. Electric Co., 236 S.W.3d 579 (Ky. 2007) (defines 'regular and recurrent' work for up-the-ladder)
- Forbes v. Dixon Elec., Inc., 332 S.W.3d 733 (Ky.App.2010) (contractor status for traffic-control work as regular business)
- Fireman’s Fund Ins. Co. v. Sherman & Fletcher, 705 S.W.2d 459 (Ky. 1986) (up-the-ladder immunity framework)
- Hardin v. Action Graphics, Inc., 57 S.W.3d 844 (Ky.App.2001) (scope of exclusive remedy under workers’ comp)
- Foster v. Leggett, 484 S.W.2d 827 (Ky.1972) (contact-based application of Kentucky law in torts)
- United States Fidelity & Guaranty Co. v. Preston, 26 S.W.3d 145 (Ky.2000) (public policy on choice of law for torts)