Young v. Environmental Air Products, Inc.

OPINION

HATHAWAY, Judge.

This appeal arises from a jury verdict against the defendant-appellant Environmental Air Products, Inc. (EAP) for personal injuries suffered by two workmen. The plaintiffs-appellees also cross appeal from a judgment n.o.v. and the provisional granting of a new trial in favor of another defendant, Kirby Building Systems, Inc.

The appellant raises the following issues: (1) EAP cannot be liable in tort because the plaintiffs were EAP employees covered by workmen’s compensation; (2) evidence of the receipt of workmen’s compensation benefits should have been admitted to prove…