Minova USA, Inc. v. Tom Jolly

Summary

The Court held that Minova did not waive its affirmative defense under Kentucky’s workers’ compensation exclusive-liability provisions because its answer provided fair notice of the defense. It further held that Minova qualified as a statutory contractor entitled to up-the-ladder immunity because its contract with Trimac assumed substantial, regular, and recurrent transportation, delivery, and unloading services. The Court therefore reversed the Court of Appeals and remanded for reinstatement of summary judgment in Minova’s favor.