Barth v. Downey Co., Inc.

This is not a claim for workmen’s compensation benefits brought by a workman injured on the job against his employer. Such actual or immediate employer here was the subcontractor, Advance Salvage, for whom the plaintiff worked and by whom he was employed. Moreover, in this state, while the Workmen’s Compensation Act is to provide an exclusive remedy, 2 actions in tort brought against third parties for on-the-job injuries are permitted. 3 So this action was brought against the general contractor, Downey Company, as an “owner or employer” under the safe-place statute. 4 The initial question to…