Serna v. Statewide Contractors, Inc.

CAMERON, Chief Judge.

This is an appeal from the granting of a motion for summary judgment in favor of the defendant, Statewide Contractors, Inc. The plaintiffs are the widows and children of two unskilled laborers who were killed when a ditch they were digging caved in on them. The plaintiffs brought an action for wrongful death against the defendant employer, alleging that the deaths were the result of the employer’s willful misconduct within the meaning of A.R.S. § 23-1022 and that plaintiffs were therefore exempted from the exclusive remedy provision of the Workmen’s Compensation Act.

The…