Perry
Perry v. National Quality Inspections, Inc.
Opinion
Lead Opinion
MEMORANDUM *
Perry appeals the district court’s granting of summary judgment for defendant National Quality Inspectors (“NQI”). We have jurisdiction under 28 U.S.C. § 1291 . We review a district court’s decision to grant summary judgment de novo. See Playboy Enter, v. Welles, 279 F.3d 796 , 800 (9th Cir.2002).
Perry was injured at work after he fell from the top of a rail car while trying to sample grain. The Worker’s Compensa *416 tíon Act generally provides the exclusive remedy for workers who are injured during the scope of their employment. M.C.A. § 39-71-411. The exclusive remedy rule has one exception. Under M.C.A. § 39-71-413, an employee may claim remedies in addition to those provided under the Worker’s Compensation scheme if the employee’s injuries were caused by the “intentional and malicious act or omission of a servant or employee or his employer.” Thus, to fall within the exception to the exclusive remedy rule, Perry must offer evidence to demonstrate that NQI or its agents acted intentionally and with malice.
Perry asserts that NQI acted intentionally or with malice by assigning him to work (1) at a time and place where the weather created inherently dangerous…