Selle v. Boeing Co.

Rulon, J.:

Perry Selle, plaintiff, appeals the district court’s grant of summary judgment to defendant Dondlinger and Sons Construction Company, Inc. The court concluded Dondlinger was Selle’s statutory employer and that Selle was barred by the exclusive remedy provision of K.S.A. 44-501 et seq. from suing Dondlinger in negligence for his injuries. We agree and affirm.

The nub of this appeal is whether under K.S.A. 44-503(a) more than one employer in a contractor-subcontractor-employer pyramid may qualify as an injured worker’s statutory employer and be immune from civil liability for the…