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Home News & Case Notes Family of truck driver killed while on the job at sawmill can attempt to recover against defendant in civil action, Blair judge rules (9/19/2005) - The estate of a truck driver who was killed while on the job at a sawmill can pursue a civil claim against a defendant employee and the mill owner because the plaintiff acted as an independent contractor, a Blair County judge has ruled. In Newton v. M&B Lumber, Judge Jolene Grubb Kopriva denied defendants’ motion for summary judgment, concluding that since the plaintiff acted as an independent contractor, his estate is not subject to the exclusive remedy provisions of the Workers’ Compensation Act and can attempt to recover against the defendant in a civil action. A copy of this opinion is available exclusively to PaTLA members by choosing the Related File below. Related Files Newton v. M&B; Lumber