Tag: co-employee immunity

Aug 31, 2022

New Mexico Court Discusses State’s “Peculiar” Going and Coming Rule

In an unusual case that turned on the “peculiar” wording of New Mexico’s statutory going and coming rule, the Court of Appeals of New Mexico affirmed a decision by a...

New Mexico Court Discusses State’s “Peculiar” Going and Coming Rule New Mexico Court Discusses State’s “Peculiar” Going and Coming Rule
Jun 15, 2021

NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense

A New York appellate court affirmed a trial court’s determination that there were issues of fact as to whether a defendant was the special employee of plaintiff’s employer so as...

NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense NY Jury Must Consider Whether Defendant was Special Employee Entitled to Exclusive Remedy Defense
Jun 9, 2021

Intentional Injury Action Against Co-Employees Fails Under Alabama’s Substantially Certain Rule

Applying Alabama’s intentional injury exception to the exclusive remedy rule, the Supreme Court of Alabama affirmed a trial court’s decision granting two co-employee defendants summary judgment in a civil action...

Intentional Injury Action Against Co-Employees Fails Under Alabama’s Substantially Certain Rule Intentional Injury Action Against Co-Employees Fails Under Alabama’s Substantially Certain Rule
Feb 18, 2021

Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy

An injured employee is barred by operation of Colorado’s Workers’ Compensation Act’s exclusivity and co-employee immunity principles from bringing a UM/UIM benefits action against a co-employee vehicle owner’s insurer for...

Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy Colorado High Court Says Injured Employee May Not Recover Via Co-Employee’s UM/UIM Policy
Feb 1, 2021

NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s Premises

Reversing a decision of a state workers’ compensation judge, the Superior Court of New Jersey, Appellate Division, found that injuries sustained by a township librarian, when she and her husband...

NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s Premises NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s Premises
Jan 26, 2021

Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence Fails

Construing Iowa's special co-employee immunity statute [Iowa Code § 85.20(2)], pursuant to which a coemployee is not immune from tort liability if his or her gross negligence causes injury to...

Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence Fails Iowa Employee’s Tort Action Against Co-Employees Alleging Gross Negligence Fails
Apr 17, 2020

Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-Worker

In an unusual case with an interesting twist, a New York appellate court yesterday affirmed a decision by a state trial court that denied a defendant's motion for summary judgment...

Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-Worker Injured NY Worker Who Received Comp Benefits Might Also Recover in Tort Against Co-Worker
Apr 7, 2020

In Georgia, Borrowed Servant is Co-Employee of Borrowing Employer’s “Regular” Employee

In Georgia, a borrowed servant is, even though temporarily, the co-employee of the borrowing employer’s regular employees. Accordingly, such a borrowed servant may not sue one of the employer’s regular...

In Georgia, Borrowed Servant is Co-Employee of Borrowing Employer’s “Regular” Employee In Georgia, Borrowed Servant is Co-Employee of Borrowing Employer’s “Regular” Employee