PENNINGTON V. JENKINS-ESSEX CONSTRUCTION, INC.
Workers Compensation and Torts: "Up the ladder" defense and exclusive remedy in sub-contractor and recurrent part of business
2005-CA-001652
PUBLISHED: AFFIRMING (BUCKINGHAM)
DATE RENDERED: 11/3/2006
The alleged tortfeasor, Jenkins-Essex, was the general contractor on a plant renovation job in Elizabethtown. Pennington worked for Mann Painting, which had subcontracted to do all the painting work for this job, and fell allegedly because of the negligence of Jenkins-Essex. Jenkins-Essex’ proof was that it never did painting itself, but that on almost all jobs it did, painting was a part of the job and was subcontracted out. On these facts, the Court held and the COA Affirmed, that painting was a regular and recurrent part of the trade or business of the contractor, and therefore up-the-ladder immunity provisions of KRS 342.690 applied, barring Pennington’s tort action.
