Whitehead v. American Industrial Transportation, Inc.

CORNELIUS, Chief Justice.

Joseph Vickers, Jr., a minor, was killed in a job-related accident while employed by American Industrial Transportation, Inc. (AIT), a subscriber under the Workers’ Compensation Act. 1 Joseph’s mother, Mrs. Rose Whitehead, brought suit against AIT under the Wrongful Death Statute, 2 alleging that his death was the result of AIT’s gross negligence. The district court granted AIT’s motion for summary judgment on the ground that the suit was barred by the workers’ compensation statutes.

The Workers’ Compensation Act provides that employees and parents of employees, as…