Martel v. Connor Contracting, Inc.Annotate this Case
Plaintiff Ira Martel appealed the trial court’s decision granting summary judgment on his personal injury claims in favor of his employer, defendant Connor Contracting, Inc., and two co-employees, defendants Jason Clark and Stephen Connor. This case was about two separate exceptions to the exclusivity rule of workers’ compensation, the first of which applied when an employee is injured other than by accident, and the second of which applied when a person or entity could be held personally liable for an employee’s injuries. In August 2013, plaintiff was part of a four-person crew employed by Connor Contracting to perform roof repair work at the Montpelier Health Center. Defendant Jason Clark was the worksite foreperson, and defendant Stephen Connor was the treasurer of Connor Contracting and one of the company owners. While working on the project, plaintiff and the other members of the roofing crew used a personal-fall-arrest system (PFAS), which was safety equipment provided by Connor Contracting and required by the company’s safety program rules, the federal Occupational Safety and Health Administration, and the Vermont Occupational Safety and Health Administration (VOSHA). Plaintiff was completing the soffit work when he fell from the edge of the roof, hit the ground below, and was injured. He was not wearing a PFAS at the time he fell. The parties disputed whether a complete PFAS system was still at the project site on that day and available for plaintiff’s use. Connor Contracting disputes the removal of the PFAS and states that defendant Clark left two harnesses and lanyards at the project site. The Vermont Supreme Court held plaintiff’s action against Connor Contracting was barred by the exclusive remedy provision of Vermont’s Workers’ Compensation Act. Furthermore, plaintiff’s action against the individual defendants is barred because the acts that plaintiff alleges give rise to liability fell within the scope of a nondelegable corporate duty and defendants, therefore, cannot be held personally liable for plaintiff’s injuries.