[DOWNLOAD] "Tom D. Runcorn and Linda Runcorn v." by Supreme Court of Idaho No. 14758 " eBook PDF Kindle ePub Free

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eBook details

• Title: Tom D. Runcorn and Linda Runcorn v.
• Author : Supreme Court of Idaho No. 14758
• Release Date : January 14, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This case arises out of an injury to plaintiff Tom Runcorn, a boiler repairman, whose Washington employer, Atlas Boiler & Equipment Company, contracted to repair a boiler on the premises of Shearer Lumber Products, Inc., in Elk City, Idaho. Runcorn was injured while performing repairs on one of defendant Shearer's boilers. The issues presented are: (1) whether Shearer is a statutory employer under Idaho's workmen's compensation laws, and whether all statutory employers in Idaho are immune from tort recovery by the exclusive remedies provided in the workmen's compensation statute; (2) whether Runcorn's wife should have her damages for loss of consortium reduced by the percentage of negligence attributable to her husband; (3) whether the damages awarded to Runcorn should be reduced by the workmen's compensation benefits received from the insurer of Runcorn's direct employer, Atlas; (4) whether substantial evidence was presented to sustain a jury verdict that Runcorn was comparatively negligent; and (5) whether attorney fees should have been awarded. Atlas, of Spokane, Washington, contracted with Shearer to repair one of Shearer's two side-by-side boilers. Atlas sent a crew of five men, including Tom Runcorn as foreman, to make major repairs including the replacement of tubes and brickwork inside boiler number 1 while boiler number 2 was still active and supplying essential steam power to the lumber mill. The repair work required the Atlas employees to climb inside cavities within boiler number 1, one such cavity being called the mud drum. During the several days of repair, water slowly leaked into the mud drum from a valve above the mud drum. In order to expel the water and other debris created by the repair work, two valves were opened on a blow down pipe outside the boiler extending from the bottom of the mud drum. This blow down pipe connected to the blow down pipe from boiler number 2, each boiler having two valves between it and the common connection which eventually led to a waste pond. Under normal operating conditions, the blow down valves on an active boiler are periodically opened to discharge, with pressurized steam, the impurities collected in the boiler during the steam generating process.

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