Lenisha Franks v. Robertson’s Transportation Services, LLC
Plaintiff alleged that she sustained severe head injuries in a roll over tractor trailer accident while she was driving in the course and scope of her employment with Robertson’s. She contended that while driving to the Robertson’s plant to deliver cement, her front tire failed and caused her to lose control resulting in the roll over causing severe head injuries. Plaintiff contended Robertson’s knew of the potential for tire failure but required her to drive the vehicle in a dangerous condition. She brought claims for negligence and products liability against Robertson’s. We brought a Demurrer arguing that plaintiff’s claims were barred by the exclusive remedies of the Worker’s Compensation Act and that she couldn’t allege any fact that would take the case out of the exclusivity rule based on her own allegations. As to products liability, we argued Robertson’s was not the manufacturer or seller of the subject tire, and the products claim was otherwise barred by Worker’s Compensation Exclusivity. We argued amendment would be futile as any amendment based on the same incident would necessarily acknowledge that plaintiff was Robertson’s employee and was transporting concrete pursuant to Robertson’s directive. The Court agreed with our arguments and granted the Demurrer with prejudice and denied leave to amend. The case was dismissed.
