|
SUPREME COURT DENIES TRANSFER
IN TURNER v. RICHMOND POWER & LIGHT
On June 26, 2002 the Indiana Supreme Court, by a majority
vote (3 to 2), denied Richmond Power & Light's ("RP&L")
Petition requesting transfer and reversal of the Court of
Appeal's decision in Turner v. Richmond Power & Light,
756 N.E.2d 547 (Ind. Ct. App. 2001), reh'g denied (2/19/02).
IMEA, along with the Indiana Association of Cities and Towns
and the Indiana Municipal Lawyers' Association, filed amicus
briefs in support of RP&L's Petition to Transfer. In Turner,
the Court of Appeals held that an employee of the sanitary
district of the City of Richmond who was injured on the job
by an RP&L power line, could collect worker's compensation
benefits from the City, while at the same time, sue the utility
for negligence.
Typically, the Worker's Compensation Act prevents an employee
from collecting worker's compensation benefits from his employer
and bringing a negligence action against the same entity.
The Court of Appeals, however, found that "RP&L was
a separate and distinct entity from the City." The Court
of Appeals claimed its decision conforms with the Indiana
Supreme Court's holding in Buckley v. Standard Inv. Co., Inc.,
581 N.E.2d 920 (Ind. 1991), that Citizens Gas & Coke utility,
a municipal gas utility whose assets are subject to a unique
public charitable trust, is not a "governmental entity"
under the Indiana Tort Claims Act.
On its face, the Turner decision applies solely to an isolated
worker's compensation claim brought against RP&L. However,
all but one of the "factors" the Court relied on
to determine that RP&L is separate and distinct from the
City are imposed by statute on all municipal utilities. The
remaining factor was the ministerial detail that RP&L
was not included in the City's organizational chart.
If you have any questions about the Turner opinion or would
like a copy of the decision or the Briefs filed with the Indiana
Supreme Court, call Mike Cracraft or Steve Krohne of Hackman
Hulett & Cracraft, LLP at (317) 636-5401.
Return
to Legislation/Regulation/Legal page
|
 |
