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eBook details

• Title: Harbel v. Wintermute
• Author : Supreme Court of the United States
• Release Date : January 21, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This co-employee tort action presents a narrow question which has been broadly argued to implicate issues of fairness and government accountability. The injured party operated a front-end loader at a road construction site. The injured party maintains the front-end loader was unsafe and his employer did not correct the problems. Furthermore, the injured party contends that a supervisor and a mechanic permitted the front-end loader to be operated despite their knowledge of the unsafe conditions. However, the resolution of this case does not depend upon a finding of culpable negligence. Instead, the resolution is governed by sovereign or governmental immunity. The employer is a governmental entity. The injured party, the supervisor and the mechanic were all employees of the governmental entity acting within the scope of their duties at the time of the injury. As a result, the district court granted summary judgment in favor of the supervisor and the mechanic. The district court determined, under Wyomings closed-end governmental tort claims act, immunity had not been waived.

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