Charlie Weeks and Shawn Wood were co-employees at an electrical company. On Dec. 6, 2011, Charlie Weeks was up on a stepladder attempting to run electrical wires through a conduit. Shawn Wood approached Charlie’s work area and climbed up the bracing on the backside of the ladder. Shawn’s action caused the ladder’s bracing to buckle. Without the bracing, the ladder broke, and Charlie fell and landed on his shoulder.
As a result of the fall, Charlie suffered a massive tear to his rotator cuff. His doctor performed two separate surgeries to repair his shoulder. After the second surgery, his doctor placed Charlie on permanent restrictions, which prevented Charlie from returning to his employment as an electrician. His doctor also concluded that Charlie would need a total reverse shoulder surgery in the future.
We filed suit in circuit court in Buchanan County. The defense filed two separate motions to dismiss based on co-employee immunity. The court overruled both motions. The case was set for the trial to start on Oct. 7, 2103. The parties reached a settlement 10 days before trial.