Wesley-Anderson v Spectrum Industries, Inc., et al.

Monday January 27, 2020

Anthony Kostello recently obtained summary disposition in favor of his client. The matter involved a wrongful death action arising out of the death of Plaintiff’s decedent, who was killed when he exited the basket of a man lift without using appropriate fall protection. At the time of his death, the decedent was on the job performing welding work. Plaintiff brought this action against the decedent’s employer and its subsidiaries. In his Motion for Summary Disposition, Mr. Kostello successfully argued that because the death occurred in the course of the decedent’s employment, the Worker’s Disability Compensation Act provided the exclusive remedy, absent a showing of intentional conduct on the part of the employer and its subsidiaries. The Court agreed, dismissing Plaintiff’s claims in their entirety.

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