Latest Case: Meyer v. McKenzie Electric Cooperative, Inc. (Labor & Employment Law)

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Meyer v. McKenzie Electric Cooperative, Inc.

Docket: 18-3244

Opinion Date: January 17, 2020

Judge: Roger Leland Wollman

Areas of Law: Labor & Employment Law, Personal Injury

Plaintiff, an employee of 4T Construction, filed suit against McKenzie under both negligence-based and strict liability law principles after he was seriously injured while replacing a high voltage transmission line for a project. The Eighth Circuit affirmed the district court's grant of summary judgment for McKenzie, holding that the parties' contract clearly and unambiguously stated that 4T was retained as an independent contractor. In this case, the parties' contract stated that 4T was an independent contractor that performs its work without supervision by McKenzie. The court held that McKenzie did not retain control over 4T's and plaintiff's actions. Finally, the North Dakota Supreme Court has declined to hold a utility company strictly liable for injuries and damages from contact with high tension power lines, and McKenzie was not liable under a theory of strict liability for abnormally dangerous activities.