11/25/2009
Billie Addleman and Richard Mincer obtain summary judgment for mining client.
Hirst Applegate was recently successful in obtaining summary judgment for a Wyoming coal mine in a cased filed in Campbell County District Court in Gillette, Wyoming. A railroad carrier filed suit against the mine seeking indemnity under a railcar handling agreement. An employee of the railroad carrier was injured on the mine when he slipped on loose coal dust while performing an inspection of a coal train. The railroad settled with its employee and sought indemnity for the settlement amount.
Hirst Applegate argued that pursuant to the parties’ contract the mine only owed indemnity to the railroad if it was proven to be negligent. The mine did not owe a duty to the railroad employee since he was an employee of independent contractor. The Wyoming Supreme Court has consistently held that a landowner does not owe a duty to the employee of an independent contractor for hazards inherent in his work unless the landowner exercises pervasive control over the employee or assumes an affirmative safety duty. In this case, it was undisputed that the mine did not control the railroad employee’s work or assume an affirmative safety duty. Absent a duty, there can be no negligence. The District Court found that the mine did not owe a duty to the railroad employee and, therefore, the mine was not negligent. Consequently, the mine did not owe indemnity to the railroad. The District Court granted summary judgment and dismissed the case.
The railroad may appeal the decision to the Wyoming Supreme Court.
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