Question: Michael Kittell was employed at Vermont Weatherboard. While operating a saw at the plant, Kittell was seriously injured when a splinter flew into his eye

Michael Kittell was employed at Vermont Weatherboard. While operating a saw at the plant, Kittell was seriously injured when a splinter flew into his eye and penetrated his head. Kittell sued Vermont Weatherboard, seeking damages under a common law theory. His complaint alleged that he suffered severe injuries solely because of the employer’s wanton and willful acts and omissions. The complaint stated that he was an inexperienced worker, put to work without instructions or warning on a saw from which the employer had stripped away all safety devices. Vermont Weatherboard made a motion to dismiss the complaint on the ground that the Workers’ Compensation Act provided the exclusive remedy for his injury. Decide. [Kittell v Vermont Weatherboard, Inc., 417 A2d 926 (Vt)]

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