Berger v. Mead

Occasionally, we on this Court find some opinions difficult to write. A party’s injury can so strongly call for compensation that we feel strongly inclined to at least allow the case to go before a jury. Unfortunately, as in this case, the law is too clear on the subject. The Legislature has clearly pre-empted this area thus giving us very little leeway.

This is the second time this case is before this Court. The first time, the trial judge had dismissed the complaint against all defendants based on the Worker’s Disability Compensation Act’s exclusive remedy provision and on governmental…