Court of Appeals Affirms Up-the-Ladder Immunity for 16 Asbestos Defendants

LOUISVILLE -- Court of Appeals has affirmed summary judgment for 16 premises defendants, agreeing with the trial court's assessment that the defendants were protected by the up-the-ladder immunity provision in the state's workers' compensation statute. Rehm, et al. v. Navistar International, et al., No. 2002-CA-001399-MR (Ken. Ct. App.).

In a Feb. 25 decision, the Kentucky Court of Appeals opined that the evidence in opposition to summary judgment provided by the plaintiffs failed to establish that the work completed by the plaintiff was not a regular part of the contractor's business.

The plaintiffs allege that Nicholas James Rehm was exposed to …