Commonwealth of Kentucky v. Ray

Mark Thomas Spurrell filed these two suits, one in tort and the other in workers compensation, for injuries sustained in an on-the-job accident. After a bench trial, the court rendered judgment on the tort claim in favor of Spurrell and against the tortfeasor, Steel Erectors Inc., and its insurer, Lexington Insurance Co., for $ 40,000; and on an intervention in the tort suit, judgment in favor of Spurrells statutory employers comp carrier, Great American Insurance Co., against Steel Erectors and Lexington, for $ 19,709.07 in benefits previously paid to Spurrell. On the comp claim, the court denied any further benefits over those Spurrell had already received from Great American. From this judgment Lexington appeals, urging the occurrence of Spurrells injury was not covered by Steel Erectors general liability policy. Spurrell also appeals, urging that both his tort and comp awards are inadequate. For the reasons expressed, we affirm.