Gibbs v Holmes [2001] GUSC 11; 2001 Guam 11 (1 June 2001)

IN THE SUPREME COURT OF GUAM

GLENN W. GIBBS and
AMERICAN HOME ASSURANCE CO.,
Plaintiffs-Appellants

vs.

LEE HOLMES, JOAN HOLMES, and
AMERICAN HOME ASSURANCE CO.,
Defendants-Appellees

OPINION

Filed: June 1, 2001

Cite as: 2001 Guam 11

Supreme Court Case No.: CVA00-022
Superior Court Case No.: CV1270-97

Appeal from the Superior Court of Guam
Argued and Submitted on May 9, 2001
Hagåtña, Guam

Appearing for Plaintiffs-Appellants Glenn W. Gibbs: Robert L. Keogh, Esq. Seth Foreman, Esq. Law Office of Keogh and Forman Suite 105, C&A Prof. Bldg. 251 Martyr St. P.O. Box GZ Hagåtña, Guam 96910	Appearing for Defendants-Appellants Lee and Joan Holmes: John B. Maher, Esq. Michael D. Flynn, Jr. Esq. McKeown-Vernier-Price-Maher A Joint Venture of McKeown Price, LLP and Vernier & Maher, LLP 115 Hesler Pl., Ground Fl. Gov. Joseph Flores Bldg. Hagåtña, Guam 96910
Appearing for Interventor Plaintiff-Appellant American Home Assurance Co.: Thomas C. Sterling, Esq. Klemm, Blair, Sterling & Johnson 1008 PNB 238 Archbishop F. C. Flores St. Hagåtña, Guam 96910

BEFORE: BENJAMIN J. F. CRUZ, Chief Justice, PETER C. SIGUENZA, JR., Associate Justice, and F. PHILIP CARBULLIDO, Associate Justice.

CARBULLIDO, J.:

[1] Glenn W. Gibbs (AGibbs@) sustained injuries from a slip-and-fall accident which occurred at his work premises. As a result of these injuries, Gibbs received worker's compensation benefits from his employer, Western Systems, Inc. Subsequent to receiving worker's compensation benefits, Gibbs filed a negligence action in the Superior Court of Guam against Joan and Lee Holmes (AHolmeses@) and American Home Assurance Company for damages sustained in the accident. At the time of the accident, the Holmeses were the owners of the premises as well as officers and directors of Western Systems, Inc. The trial court granted summary judgment in favor of the Holmeses on the ground that the exclusive remedy provision of the Guam Worker's Compensation statute barred the instant action. Gibbs filed a motion for reconsideration which the trial court denied. This appeal followed. We agree with the trial court and therefore affirm.

I.

[2] The Defendants-Appellees, the Holmeses, purchased a two-story commercial building (Apremises@) located in Hagåtña in October of 1985. On December 18, 1986, the Holmeses leased the premises to Western Systems, Inc. (AWestern@), a corporation in which the Holmeses were owners, directors, officers, and employees. Western possessed, maintained, controlled, and occupied the premises from December 18, 1986 through January 8, 1997. As directors, officers, and employees of Western, the Holmeses were responsible for the day-to-day management of the business, property, operations, and affairs of Western.

Plaintiff-Appellant, Gibbs, began working for Western on December 2, 1992. On January 8, 1997, Gibbs slipped and fell on the exterior stairway of the premises and was injured.

[3] At the time of Gibbs' accident, Western had worker's compensation insurance coverage underwritten by American Home Assurance Company (AAmerican@). Gibbs filed a claim for under the Guam Worker's Compensation Law, Title 22 GCA ' 9109 et seq.