Kidder v. Miller-Davis Co.

I respectfully dissent from the majority’s conclusion that defendant was plaintiffs’ employer for purposes of the exclusive remedy provision of the Worker’s Disability Compensation Act. The contract between defendant and Construction Labor Services states clearly and unequivocally that defendant was not plaintiffs’ employer. Therefore, defendant is liable in tort to plaintiffs if shown to be negligent. I would remand this matter to the trial court for further proceedings.

The majority sets forth two separate rationales to support its conclusion that defendant was plaintiffs’ *48employer. First,…