Torts Keyed to Dobbs
Stinnett v. Buchele
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The farm employee, Appellant, was injured when he fell off a barn roof and brought an action against the employer, Appellee, claiming negligence in the failure to comply with safety regulations requiring the installation of safety nets for work in elevated areas and failure to provide a safe place to work. The trial court granted summary judgment to the Appellee, because it determined that the safety regulations did not create an independent cause of action against an employer. Further, there was no evidence that the Appellee had sufficient familiarity with the circumstances at the farm location that he had a duty to the farm employee, Appellant, to discharge. Appellant asserted that Appellee was required to provide a safe work place. The court affirmed the grant of summary judgment, holding that under such circumstances, Appellee could not be required to guarantee absolute safety. Finally, the court concluded, when the employee’s knowledge is greater than the employer’s knowl edge, the employer does not have a duty to the employee.
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