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Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Construction Worker Fails to Show that Plaintiff’s Employer Was a Borrowing or Special Employer
A New York appellate court held there was conflicting evidence as to whether the plaintiff’s employer had the right to exercise control over a construction worker who was performing sheetrock work at the employer’s premises. Accordingly, the...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Alabama: Substantially Certain Tort Claim Fails Against Co-Employees
Utilizing the co-employee “intentional injury” exception to Alabama’s exclusive remedy rule [see Ala. Code § 25-5-11(b)], the Supreme Court of Alabama affirmed a trial court’s decision to grant summary judgment in favor of...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Colorado: No Recovery from Co-Employee’s Uninsured Motorist Coverage
Colorado’s exclusivity rule is sufficiently broad so as to bar an injured employee from recovering damages via the uninsured motorist/underinsured motorist coverage of a co-employee’s auto policy, held the Supreme Court of Colorado. As long...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Iowa: Tort Action Alleging Co-Employee Gross Negligence is Unsuccessful
An Iowa appellate court affirmed a trial court's decision that granted summary judgment to five co-employees of a plaintiff who had been sued under the state's special "gross negligence" exception to co-employee immunity. The plaintiff...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Worker's Tort Action Against Co-Worker for Horseplay Injury May Proceed to Trial
In an unusual case involving horseplay, a New York appellate court affirmed a state trial court's decision that had refused to grant summary judgment to a defendant-co-employee who had been sued by a plaintiff/co-worker following that co-worker's...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Georgia: Temporary Employee May Not Sue "Regular" Employee of Borrowing Employer in Tort
A borrowed servant may not recover in tort against the "regular" employees of the borrowing employer, held a Georgia appellate court. Accordingly, a state trial court erred when it refused to grant summary judgment in favor of a defendant-employee...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Iowa: Court Overturns $7 Million Verdict Against Co-Employee
An Iowa appellate court, following the “narrow” exception to co-employee immunity established in Thompson v. Bohlken , 312 N.W.2d 501, 505 (Iowa 1981), held that a state trial court was correct when it granted a defendant/co-employee a judgment...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
North Carolina: Auto Liability Insurer Need not Defend Action Against Co-Employee
An auto liability insurer need not defend a wrongful death action filed against its insured, a corporation that had temporarily borrowed an employee of a separate, but related corporate entity to drive one of its vehicles. Because the borrowed driver...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Rhode Island: Co-Employee Immunity to Tort Liability Extends Even to Instigator of Dangerous Horseplay
The exclusive remedy provision of the Rhode Island Workers’ Compensation Act is so strong, held the state’s Supreme Court, that it shielded a co-employee from tort liability in a dangerous incident involving horseplay. The evidence indicated...
Thomas A. Robinson
over 5 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: School Paraprofessional's Civil Action Against Custodian Fails
A paraprofessional working at a Staten Island school, who sustained injuries when she slipped and fell on a wet floor in the school cafeteria, may not maintain a civil action in negligence against the school custodian engineer and a school custodial assistant...
Thomas A. Robinson
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Missouri: Employee May Sue Co-Employee For Negligent Operation of Employer’s Forklift
A Missouri appellate court held an employee could maintain a tort action against a co-employee who was allegedly negligent in the operation of the employer’s forklift; the exclusive remedy provisions of the state’s workers’ compensation...
Thomas A. Robinson
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Golf Club Attendant May Sue Co-Employee for “Errant” Swing of Golf Shaft
Applying New York’s rule regarding co-employee immunity—that in order for a co-employee to be shielded from liability, the co-employee must (a) have been acting within the scope of his or her employment and (b) not have been engaged in a willful...
Thomas A. Robinson
over 5 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Tort Suit Against Co-Employee Not Barred Where Accident Occurred Near, But Away from Employer's Premises
The defendant employee’s employment ended when he entered his car, drove away from an employer-controlled parking lot, and struck a co-employee who had entered a cross-walk on a street that circled the employer’s campus. Accordingly, it was...
Larson's Spotlight
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Washington: Co-employee Immunity Applies Only When Defendant Acting in the Course of Employment
An appellate court in Washington state held that it was error for a trial court to grant summary judgment in favor of a defendant, on exclusive remedy grounds, where the plaintiff alleged he was struck by a vehicle driven by the defendant, a fellow employee...
Thomas A. Robinson
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Washington: Employee Can Sue Co-Employee in Tort for Injuries Sustained in After-Hours Accident
Adopting the dominant rule discussed in Larson’s Workers’ Compensation Law , Ch. 111, § 111.03, the Supreme Court of Washington held that a co-employee enjoys immunity under the exclusive remedy provisions of the state’s workers’...
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