Vuillemainroy

J.Here we are called upon to interpret the language of Supreme Court precedent and determine whether the exclusivity of the workers’ compensation remedy bars recovery in tort to a family whose decedent was killed as a result of an employer’s allegedly criminal negligence. We conclude this suit is barred by the Workers’ Compensation Act.

Background

Plaintiffs’ decedent Ray Vuillemainroy was killed in a workplace accident when the brakes failed on a heavily loaded truck he was driving down a steep haul road. Plaintiffs sued Mr. Vuillemainroy’s employer, American Rock & Asphalt, Inc. (American Rock) and a number of third party defendants for wrongful death, alleging each was responsible for the fatal accident. In addition to causes of action for general negligence, product and premises liability, plaintiffs alleged the accident was caused by American Rock’s “[c]riminal acts and other conduct outside the employment relationship^]” including manslaughter. Plaintiffs based the involuntary manslaughter claim on accusations that American Rock’s trucks and haul roads were chronically and deliberately left unmaintained and unsafe, demonstrating American Rock’s utter disregard for…