Use of procedure with inherent risk does not establish a viable Laidlow claim against employer.

The plaintiff, a waitress, sustained severe burns while assisting an inexperienced staff member wheel a flaming pig into the banquet area. The staff member was occasionally pouring additional fuel on the pig to keep it burning. In dismissing the claim against the employer, the court concluded that “a poor decision and probably a negligent decision” was insufficient to establish the conduct prong of the Laidlow test. In reaching this decision, the court noted that this was the first time that the restaurant had carried out this activity.

Case Law Alert, 1^st Quarter 2014