Civil Procedure Keyed to Marcus
Byrd v. Blue Ridge Rural Electric Cooperative, Inc.
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The Respondent offered, as an affirmative defense, that the Plaintiff had the status of a statutory employee under the South Carolina Workmen’s Compensation Act (Act). Therefore, he was barred from suing Respondent at law, so he had to settle for statutory compensation benefits as the sole remedy. At trial, the jury returned a verdict for Petitioner. However, the United States Court of Appeals for the Fourth Circuit reversed, and directed judgment for the Respondent. Respondent urged the Supreme Court of the United States to follow the decision rendered by the Supreme Court of South Carolina in Adams v. Davison-Paxon Co., when the court found that it was for the judge, not the jury to decide whether a business owner was a statutory employer.
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