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Roy v. Blackfoot Telephone Cooperative11/12/2004
Submitted on Briefs: October 14, 2004
Steve Roy appeals from the District Court's grant of summary judgment and denial of his motion to alter or amend the judgment. Felicia A. Roy and their children brought attendant claims for loss of consortium. We affirm the judgment of the District Court.
We restate the issues on appeal as:
1. Whether Blackfoot failed to properly train Roy in the use of aerial ladders.
2. Whether Blackfoot had a policy requiring the use of safety belts on ladders prior to Roy's injury.
3. Whether industry standards and OSHA regulations gave notice to Blackfoot that there was a high probability Roy would be injured if he did not use a safety belt on aerial ladders.
FACTUAL AND PROCEDURAL BACKGROUND
Steve Roy worked for Blackfoot Telephone Cooperative for over twenty years. For most of that time Roy's position was that of an installation and repair technician, commonly referred to as a "lineman." In 1998 Roy moved to Plains, Montana, and began performing mid-span aerial work. Mid-span work involves repairing lines between telephone poles with the assistance of an aerial ladder or bucket truck.
Per Blackfoot's safety requirements, Roy regularly attended safety classes and was regularly provided with literature on safety. Blackfoot also gave Roy some safety equipment, such as a hard hat and an extension ladder. He was not provided with a safety belt for use on aerial ladders, although he was provided with a telephone pole climbing belt.
In his deposition Roy stated that he had never used a safety belt while climbing an aerial ladder, nor had he ever seen anyone else use one. He also stated that he knew if he needed a bucket truck to assist him in his mid-span work then one would be brought to him upon request. A bucket truck allows a worker to reach a telephone line without the dangers involved when using a ladder.
On May 5, 1999, Roy fell 18 feet from an aerial ladder, breaking his neck and sustaining numerous other injuries. He had not requested a bucket truck for that day's work because he believed that he did not need one. As a result of the accident, Roy can no longer work. Both parties agree that if Roy had been wearing a safety belt he very likely would not have fallen off of the ladder. A post-accident report undertaken by Blackfoot noted that Roy should have been restrained "by a harness or positioning belt."
The same person who authored the report, James Harper, was unclear in his deposition whether Blackfoot had a policy requiring the use of safety belts on aerial ladders before Roy's fall. However, Roy's supervisor, Al Williams, unequivocally stated that Blackfoot did not have such a policy. Both sides to this litigation investigated whether other telephone companies require the use of safety belts or bucket trucks for their linemen. Roy submitted evidence that most other companies in Montana and in the region require one of the two methods, while Blackfoot submitted evidence that at least two other companies in the region do not require their linemen to use those methods.
Roy brought suit against Blackfoot for his injuries. After a period of discovery, Blackfoot moved for summary judgment, arguing that since Roy did not meet the malice standard of Sherner v. Conoco, Inc. , 2000 MT 50, 298 Mont. 401, 995 P.2d 990, he was bound by the exclusive remedy of the workers' compensation act. The motion was granted. Roy's motion to alter and/or amend the judgment was denied. Roy now appeals.
STANDARD OF REVIEW
We review a grant of summary judgment de novo . Grassy Mountain Ranch
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