Torts Keyed to Dobbs
Martin v. Lancaster Battery Co
Mr. Martin was an employee of Lancaster Battery, a battery manufacturer, and in the course of employment was exposed to lead dust and fumes. Per federal safety regulations, employees were to be tested regularly to monitor the lead content in their blood. The company supervisor overseeing the testing purposefully withheld Mr. Martin’s results over a period of more than three years. In some cases, the supervisor altered test results. As a result, Mr. Martin developed chronic lead toxicity and severe related conditions. The Appellees sued, alleging intentional and willful misconduct by the Appellants. The trial court sustained the Appellants’ preliminary objections in the nature of a demurrer to the Appellees’ complaint, holding that the exclusivity provision of the Workmen’s Compensation Act (the Act) barred the action. The appellate court reversed.
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