Wednesday, July 20, 2005

Lockheed Lawsuit Denied- Appeals Court Rules it is a Workers Comp Case

A federal appeals court has denied the plaintiffs in a workplace violence lawsuit the right to sue the company where the tragedy occurred. On July 8th, 2003, Doug Williams killed six co-workers and injured nine others before committing suicide at the Lockheed Martin plant in Meridian, Mississippi.
One of the victim’s family members claimed that Williams was "known to harbor extreme racial hatred toward his African-American co-workers." Four of those murdered were African-American and the U.S. Equal Employment Opportunity Commission investigated the shooting and said Williams created a "racially charged atmosphere" at the plant. The plaintiff’s, the surviving shooting victims and their families, claim that management knew Williams was a threat but did little to prevent the violence.
However, the higher court ruled that the exclusivity bar of workers' compensation law prohibits a lawsuit. Workers Compensation is generally ruled as the sole remedy for any injuries that employees experience “in the course of employment" and “that arise out of employment”. It limits damage to $150,000 per victim. The lawsuit sought unspecified damages. It is unknown if the plaintiff's will appeal to a higher court.

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