George v. Bowler
Annotate this CaseRobert and Tina George filed a complaint against Curtis and Jean Bowler arising from injuries Robert sustained on Defendants’ property. Robert was employed as a warehouse manager for Carpets Plus when he was injured. Robert filed suit against the Bowlers in their individual capacities as the property owners and general contractors of the warehouse alleging that the Bowlers failed to provide a safe place to work in violation of the Montana Occupational Safety and Health Act. The Bowlers pleaded the Workers’ Compensation Act’s (WCA’s) exclusivity provision as an affirmative defense, arguing that, as corporate directors, they were co-employees of Robert at Carpets Plus and were thus exempt from suit for Robert’s workplace injuries. The district court concluded that the Bowlers were immune from suit under the WCA’s exclusivity provision because they were acting in their capacities as corporate officers of Carpets Plus at the time they were alleged to have failed to provide a Carpets Plus employee with a safe place to work. The Supreme Court affirmed, holding that because the Bowlers were acting within the course and scope of their employment for Carpets Plus at all relevant times, they were protected from suit by the exclusivity provision of the WCA.
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