Harn v. Continental Lumber Co.

506 N.W.2d 91, 1993 S.D. LEXIS 115, 1993 WL 333549
CourtSouth Dakota Supreme Court
DecidedSeptember 1, 1993
Docket18030
StatusPublished
Cited by50 cases

This text of 506 N.W.2d 91 (Harn v. Continental Lumber Co.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harn v. Continental Lumber Co., 506 N.W.2d 91, 1993 S.D. LEXIS 115, 1993 WL 333549 (S.D. 1993).

Opinions

MILLER, Circuit Judge.

This Court granted Employer Continental Lumber’s petition for allowance of an appeal from an intermediate order denying its motion for summary judgment against employee Daniel Harn (Harn). We reverse.

FACTS

Harn was injured on April 22, 1989, while working as a general laborer for Continental Lumber. Harn’s job at the time of his injury was to feed rough lumber onto a conveyor which then fed the wood into an edger.

Harn was to feed lumber into the “north edger”,in the old saw mill. He was to flip and manipulate boards into the edger so the round side was up. A chain or conveyor apparatus transports rough pieces of lumber through an in-feed opening which is adjusted to saw and edge the boards to specific widths and.sizes. The edger is operated with an electric control box or panel located one floor above the edger. Harn was located in front of the in-feed opening while foreman Danny Torres was operating the edger control box.

The edger contained an anti-kickback safety device or a set of safety fingers. As the saws within the edger rotated in an opposite direction to that of the conveyor feeding the lumber, the safety device prevented lumber from being kicked back through the in-feed opening. The anti-kickback device was operated by a lever on the side of the machine. When a board became stuck on the saw, the employee would walk to the side of the edger and operate a hydraulic switch to disengage the safety device or lift the safety fingers. As the fingers lifted, the control box operator would reverse the lumber back through the in-feed opening to repeat feeding the lumber into the edger. Typically, if there was an employee feeding lumber into the edger, it was his responsibility to disengage the anti-kickback device or lift the safety fingers.

In April of 1989, Continental Lumber was in the process of phasing in a new saw mill. Due to mechanical difficulties with the new [94]*94mill, work would be reverted to the old saw mill. As a result, the flow of lumber in the old saw mill fluctuated greatly. The edging process in the old saw mill transformed from a two-person job (one running the control box and one flipping boards) to that of one person running the control box only. The control box operator could dislodge jammed boards by reversing the flow. This could not be done with the anti-kickback device engaged. The anti-kickback device would be disengaged by propping up or jimmying the lever with a piece of wood. On the date of his injury, Harn had seen the edger operator dislodge jammed boards by reversing the flow, which Harn knew could not be accomplished with the anti-kickback device engaged. Apparently, disengaging the safety device kept lumber production up during the equipment switch in the mill.

On April 20,1989, the new mill again experienced mechanical difficulties and edging was transferred to the old mill. Harn fed boards into the edger and his foreman operated the control box. While Harn was flipping lumber, one of the boards became stuck within the edger. The board caught on one of the saws and was thrown back through the in-feed opening, striking Harn on the cheek and forehead. He suffered a loss of nerve function to the right side of his face and disfigurement. It was later discovered that the anti-kickback device was disengaged at the time of Harn’s injury.

On February 14, 1990, Harn filed a civil action, which was later amended, premised on the intentional tort exception to workmen’s compensation. Harn alleges that Continental Lumber knowingly, deliberately, and intentionally disengaged the edger’s anti-kickback safety device believing that injury to an employee was substantially certain to occur.

Continental Lumber moved for summary judgment on two alternative theories. Continental Lumber claims that Harn’s action is barred by the exclusivity provisions of SDCL 62-3-2. Alternatively, Continental Lumber claims that the action is barred by an election of remedies due to Harn’s acceptance of worker’s compensation benefits. That issue has not been raised in this appeal. The trial court denied Continental Lumber’s motion for summary judgment, holding that the record presented genuine issues of material fact. We disagree.

STANDARD OF REVIEW

Our standard of review for a grant or denial of summary judgment is well settled. Lamp v. First Nat. Bank of Garretson, 496 N.W.2d 581 (S.D.1998). A party is entitled to summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” SDCL 15-6-56(c).

In reviewing a grant or a denial of summary judgment under SDCL 15-6-56(c), we must determine whether the moving party demonstrated the absence of any genuine issue of material fact and showed entitlement to judgment on the merits as a matter of law. The evidence must be viewed most favorably to the nonmoving party and reasonable doubts should be resolved against the moving party. The non-moving party, however, must present specific facts showing that a genuine, material issue for trial exists. Our task on appeal is to determine only whether a genuine issue of material fact exists and whether the law was correctly applied. If there exists any basis which supports the ruling of the trial court, affirmance of summary judgment is proper.

Lamp, supra, 496 N.W.2d at 583; Waddell v. Dewey Cnty. Bank, 471 N.W.2d 591 (S.D.1991). Summary judgment is usually not appropriate in negligence actions because the standard of a reasonable person must be applied to conflicting testimony. If, however, the facts are undisputed, the issue becomes one of law for this Court to decide. Taggart v. Ford Motor Credit Co., 462 N.W.2d 493 (S.D.1990); Gasper v. Freidel, 450 N.W.2d 226 (S.D.1990). Thus, summary judgment is appropriate to dispose of legal, not factual questions. Ramesbotham v. Farmers Elevator Co., 428 N.W.2d 542 (S.D.1988); Hamaker v. Kenwel-Jackson Machine, Inc., 387 N.W.2d 515 (S.D.1986).

[95]*95There is no dispute as to the material facts in this action. The question is, as a matter of law, whether Continental Lumber’s conduct amounted to negligent conduct or whether such conduct amounted to an intentional tort thus limiting Harn to the exclusive remedies provided under the workmen’s compensation scheme.

Our worker’s compensation statutes feature an exclusivity of remedies provision in SDCL 62-3-2:

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Bluebook (online)
506 N.W.2d 91, 1993 S.D. LEXIS 115, 1993 WL 333549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harn-v-continental-lumber-co-sd-1993.