Lind v. Barnes Tag Agency

James David Lind, Sr. (Decedent) was an employee of Defendant-appellee Barnes Tag Agency Inc. (BTA). Decedent was hired in 2010, to perform maintenance work on property owned individually by Defendant Jim T. Roy Barnes (Barnes), the sole stockholder of BTA. On February 21, 2010, there was an explosion on the property while Decedent was present, resulting in a fire. Descendent sustained severe injuries that led to his death on February 26, 2010. Plaintiff-appellant, the administrator Lind’s estate filed suit against BTA and the sole stockholder, alleging negligence. The defendants moved for summary judgment arguing they possessed immunity from suit pursuant to the provisions of the Oklahoma Workers' Compensation Act. The trial court granted summary judgment in favor of the defendants. The administrator appealed, arguing the trial court erred by determining that Jim T. Roy Barnes, as the individual owner of the property, was immune from suit. The Court of Civil Appeals affirmed. The question presented for the Oklahoma Supreme Court’s review in this case was whether the sole shareholder of a corporation, who individually owned the property where an employee of the corporation sustained fatal injuries, was immune from suit for common-law negligence in district court under the provisions of the Oklahoma Workers' Compensation Act. The Supreme Court held in the negative: a corporation and its sole owner and shareholder are separate entities and the immunity of the workers' compensation laws that shields the corporation from tort liability to employees does not extend to the owner of the corporation as a third-party landowner. View "Lind v. Barnes Tag Agency" on Justia Law