Parret v. Unicco Service Company

127 P.3d 572 (2005)

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Nature of the Case

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Facts

Parret (P), an employee of UNICCO Service Company (D), was electrocuted while replacing emergency lights at the Dayton Tire Plant owned by Bridgestone/Firestone, Inc. (D1). P died and his widow received workers' compensation death benefits. D1 with plants in the United States, Canada, Mexico, and Costa Rica and hired D, an independent contractor, to provide a wide range of maintenance services at its Oklahoma tire plant. The evidence is contested whether P and other D employees were required to work on the emergency light system while it was 'hot,' or without turning the electricity off, knowing the employees were unable to de-energize the 227-volt electrical system and that death was substantially certain to occur. A dispute developed whether Ds' conduct rose to the level of intentional conduct sufficient to maintain an action in tort, notwithstanding the exclusive remedy provision of Oklahoma's Workers' Compensation Act.