Conti v. Rose Hill Poultry Co.

The plaintiff instituted this action in negligence against two of his coemployees1 for their failure to provide adequate braking on their employer’s truck, which the plaintiff was driving alone at the time of the accident. The trial court granted the defendants’ *247motion for summary judgment on the ground that the plaintiff’s relief was limited to the Workers’ Compensation Act. From the refusal of the trial court to open, or to allow reargument concerning the summary judgment rendered in the defendants’ favor, the plaintiff has appealed to this court.

The following factual situation does not…