A former Utah Power & Light Co. employee who developed emotional problems after participating in efforts to fight the deadly Wilberg Mine fire can sue the utility for slander.
In an opinion released Friday, the Utah Supreme Court overruled two lower courts that had dismissed the suit before trial.In the earlier decisions, 3rd District Judge Richard Moffat and the Utah Court of Appeals said Percy Mounteer was barred from bringing the slander action because workers-compensation laws limit payments for job-related injuries.
Mounteer said that a company security guard called the mine supervisor over a loudspeaker and accused Mounteer of being on drugs during efforts to rescue miners in the 1984 fire. Other employees heard the broadcast.
Mounteer, who said he suffered from post-traumatic stress syndrome after participating in rescue efforts, said the incident aggravated his condition.
UP&L attorneys said all of the man's problems stem from the trauma of fighting the fire, including the incident involving the security guard. They contend his damage claims must be handled through workers compensation.
While restoring Mounteer's slander suit, the high court agreed with the lower court's action in throwing out claims against the company alleging infliction of emotional distress.