Griffith v. Kulper

Summary

The court held that the plaintiffs’ co-employee gross-negligence claims failed as a matter of law because they presented no evidence that either defendant actually knew the specific peril that caused Griffith’s death: the missing pins and unsecured catwalk gate. Constructive knowledge, including knowledge that could have been obtained through a proper inspection, was insufficient. The court vacated the court of appeals decision, reversed the district court judgment, and remanded for dismissal with prejudice.