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Court Executives Who Own Parking Lot Can Be Sued in Fall

May 19, 2010
Related Topics: Workplace Violence, Workers' Compensation, Miscellaneous Legal Issues, Safety and Workplace Violence, Compensation, Latest News
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The exclusive remedy in state workers’ compensation law does not bar a lawsuit against corporate officers who own a parking lot where an employee fell, the Connecticut Appellate Court has ruled.

The ruling in Anne Marie Roy v. Andrew G. Bachmann et al. overturned a trial court’s summary judgment in favor of the officers of Dymax Corp. The ruling released Tuesday, May 18, stems from a fractured hip and other injuries that Roy suffered in 2005 when she fell in the parking lot at Dymax’s place of business in Torrington, Connecticut.

She received workers’ comp benefits for the injury, but sued the corporate officers alleging negligence because they owned the parking lot and leased the property to the corporation, court records show.

The trial court found that the officers were Roy’s employer and protected by the exclusive remedy provision of state workers’ comp law. However, the appellate court disagreed and said the defendants are individuals—not Dymax, the employer.

Therefore, the corporate officers are not entitled to the exclusive remedy protection under Connecticut law. The appellate court reversed the lower court dismissal and remanded the case for further proceedings.

Filed by Roberto Ceniceros of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.

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