Herrell v. Nat’l Beef Packing Co.

Shelly Herrell filed suit against National Beef Packing Company to recover for a knee injury she suffered while working in its plant as an independent contractor, alleging negligence in maintaining a dangerous condition and failing to warn of a dangerous condition. The district court denied National Beef's motion for summary judgment and motion for judgment as a matter of law on the duty issue, and the jury entered a verdict in favor of Herrell. The court of appeals reversed and remanded for entry of judgment as a matter of law in favor of National Beef, holding that Herrell's remedy was limited to workers compensation because National Beef did not maintain substantial control over Herrell's employer's activities on the premises. The Supreme Court affirmed in part and reversed in part, holding (1) the district court correctly denied judgment as a matter of law to National Beef because National Beef owed Herrell a duty of reasonable care under the circumstances; and (2) the inclusion in the jury instruction a description of an OSHA regulation, with no opportunity for the jury to differentiate any liability based upon it in the general verdict form, polluted the trial of the case and necessitated reversal. Remanded. View "Herrell v. Nat'l Beef Packing Co." on Justia Law