Smith v. Throckmartin

THOMAS, Justice.

The question here is the existence of a genuine issue of material fact with respect to culpable negligence on the part of a “co-employee” which would prevent summary judgment in favor of the defendant. Jeffrey L. Smith and Elaine D.R. Smith (Smiths) sued Paul Throckmartin (Throckmartin), a supervisory co-employee, seeking recovery for personal injuries and loss of consortium, contending Throckmartin was culpably negligent. The district court ruled the Smiths had failed to demonstrate Throckmartin intentionally and unreasonably acted in disregard of a known or obvious risk in a…