Savilla v. Speedway Superamerica, LLC

(Filed Dec. 1, 2006)

In this case, Diana Savilla, as administra-trix for the estate of Linda Kannaird, filed a workers’ compensation deliberate intent cause of action against Speedway SuperAm-erica under a theory that would permit damages to be distributed according to our wrongful death statute. The circuit court dismissed the action on the grounds that the workers’ compensation statute did not authorize the cause of action brought by Ms. Savilla. The majority opinion, relying upon dicta from a 1933 decision, reversed the circuit court’s decision. For the reasons set out below, I respectfully…