Kittell v. Vermont Weatherboard, Inc.

This is an appeal from a decision of the Lamoille Superior Court that dismissed plaintiff’s complaint on the ground that Vermont’s Workmen’s Compensation Act, 21 V.S.A. ch. 9, provides the exclusive remedy for his injury. In his complaint, plaintiff alleged that he was an inexperienced workman set to work without instruction or warnings at a multiple saw end trim from which the defendant employer had stripped all safety devices. While operating the saw, a splinter flew into plaintiff’s eye and penetrated his head, causing severe injuries. These injuries, plaintiff alleges, were due solely to…