Crush v. Kaelin

PALMORE, Judge.

The appellant, Crush, hired three carpenters including the appellee, Kaelin, to help him build a house. Kaelin was injured on the job and sued Crush for negligent failure to provide him a safe place and safe materials or equipment with which to work. Cf. KRS 338.030. Crush appeals from a $25,000 verdict and judgment against him in Kaelin’s favor.

The case was submitted to the jury under the theory that the employment was within the coverage of the Workmen’s Compensation Act, KRS Chapter 342, so that Crush could not avail himself of the defense of contributory negligence pleaded…