Gibbs v. Aetna Cas. & Sur. Co.

A workman, Willie James Gibbs, appeals from a summary judgment in favor of his worker's compensation carrier in an action he filed against the company and one of its employees alleging outrageous conduct and fraud in connection with his worker's compensation claim.

The facts, as viewed most favorably toward Gibbs, are as follows: Gibbs was employed by Kowaliga Logging Company. He was cutting trees with a power saw, when a co-employee cut a tree that fell on him.

Gibbs began receiving weekly worker's compensation benefits as a result of the injury he received, but he and the carrier got into a…