Can a bomb maker receive money from his employer when an explosive made off the clock at his workplace injuries him? If the question sounds a bit silly, it’s not. As Sidley Austin partner Geoffrey DeBoskey explains, that’s the scenario that led to a case against Railserve Inc. now before the Georgia Supreme Court.
Writing on the Employment Law Blog, DeBoskey says it all began when maintenance worker Colby Hines and a few of his friends decided to hang out on Railserve property after work, drinking beer and playing around with a potato gun. Since there were no potatoes on hand at Railserve, they stuffed the three-foot pipe with gunpowder and shrapnel that Hines helped locate in the rail yard. But instead of firing, he says, it exploded and sent shrapnel through the air, hitting Hines in the head. Hines sued, charging negligent supervision among other things.
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