Woodson v. Ivey
31 FLW D115
Deceased plaintiff’s supervisor directed deceased employee to drive the supervisor’s motorcycle from a job site back to the employer’s place of business. Plaintiff did not have a driver’s license to operate the motorcycle and was involved in an accident resulting in his death. Thereafter the estate of the plaintiff brought suit against supervisor for negligently allowing the deceased plaintiff/employee to operate the motorcycle.
Workers’ compensation immunity is extended to an employer’s owners, supervisors and managers when the conduct causing the injury is within the course of such person’s managerial or policy-making duties (with exceptions not applicable in this case). Conversely, corporate officers, supervisors and managers are not entitled to claim immunity when the negligent acts causing injury to employees are committed outside the course and scope of their managerial or policy-making functions.
Court determined that actions of plaintiff’s supervisor in requiring the deceased plaintiff employee to drive a motorcycle from the job site back to employer’s place of business was an act within the scope of the supervisor’s managerial policy-making duties and accordingly, the exclusive remedy provisions of the Workers’ Compensation Act precluded this cause of action. In determining the immunity of managers and supervisors, the focus should be on the business purpose (or lack thereof) of the decision in question, not necessarily on the means utilized to accomplish that purpose. In addition, the complaint in this instance was a claim for negligent entrustment of a motor vehicle and an owner is not liable for injuries sustained by the bailee to whom he entrusted the motor vehicle because of the bailee’s negligent operation of it.