(DOWNLOAD) "Espaniola V. Cawdrey Mars Joint Venture" by Hawaii Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Espaniola V. Cawdrey Mars Joint Venture
- Author : Hawaii Supreme Court
- Release Date : January 26, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
"The . . . remedies . . . granted [by the Workers' Compensation Law] to an employee or his dependents on account of a work injury . . . exclude all other liability of the employer to the employee, his legal representative, spouse, dependents, next of kin, or anyone else entitled to recover damages from the employer . . . ." Hawaii Revised Statutes (HRS) § 386-5 (1976).*fn1 The question is whether this "exclusive liability" clause precludes the assertion of a contractual claim for indemnity against an employer, who has paid benefits under the law on account of a fatal work injury, by a third-party tortfeasor from whocm damages are sought for the same injury. The Circuit Court of the Second Circuit ruled the claim for indemnity was barred by virtue of HRS § 386-5. But we conclude it was not and vacate the award of summary judgment to the employer.
 "Espaniola V. Cawdrey Mars Joint Venture" by Hawaii Supreme Court # eBook PDF Kindle ePub Free){kind=link}