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Justia Daily Opinion Summaries

Idaho Supreme Court - Civil
March 21, 2020

Table of Contents

Richardson v. Z&H Construction, LLC

Civil Procedure, Labor & Employment Law, Personal Injury

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Idaho Supreme Court - Civil Opinions

Richardson v. Z&H Construction, LLC

Docket: 46587

Opinion Date: March 20, 2020

Judge: Brody

Areas of Law: Civil Procedure, Labor & Employment Law, Personal Injury

Michael Richardson was injured while working, and attempted to recover personal injury damages outside of the worker’s compensation system. Hayden Homes subcontracted with Z&H Construction, LLC, Plumbing Unlimited, LLC, and Alignment Construction, LLC for various aspects of a new construction project. Richardson was employed by Alignment, and worked on Hayden’s construction project. He was injured when he fell through a crawl space cover at the construction site. He received a worker’s compensation award from the worker’s compensation insurer for his direct employer, Alignment. After Richardson received his worker’s compensation award, he sued Z&H, Hernandez Framing, LLC (a subcontractor of Z&H), and Plumbing Unlimited (collectively, “Respondent LLCs”), alleging negligence in the construction of the crawl space cover. The district court granted the Respondent LLCs’ motion for summary judgment, determining that the Respondent LLCs were Richardson’s statutory co-employees and immune from suit pursuant to Idaho Code section 72- 209(3). Finding no reversible error in that reasoning, the Idaho Supreme Court affirmed the district court’s order granting summary judgment.

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