Exclusively remedy doesn’t apply when an employer "consciously disregarded information suggesting a significant risk" in the workplace, a divided Idaho Supreme Court said last week when reviving a wrongful death claim it dismissed one year earlier.
After agreeing to re-hear the case, the majority on Friday ruled that the trial court erred by granting summary judgment dismissing a complaint against Crookham Co. without first considering whether the company ignored a known safety risk at its facility in Caldwell.
If Crookham consciously disregarded the risks posed by a mechanic...
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