Joshuah Selby v. Michael Baird

Syllabus

The plaintiffs appealed from the grant of summary judgment in favor of defendants. The plaintiffs claimed that there existed an issue of fact as to which company Mr. Selby was employed by at the time he was injured. They also argued that Mr. Baird fraudulently insured Mr. Selby through one company while having him work for another company. The Supreme Court determined that plaintiff was an employee of defendant Mike's Professional Tree Services, because it had dominion and control over plaintiff. As such, the company and the individual defendants were immune from liability pursuant to the exclusive remedy provision of the Workers' Compensation Act. Additionally, the Supreme Court held that plaintiffs had waived their fraud argument because fraud had not been alleged in the Superior Court. Accordingly, the Court affirmed the judgment of the Superior Court.