Fish v. Burns Bros. Donut Shop, Inc.

OPINION

FAY, Chief Justice.

This matter comes before the Supreme Court pursuant to an appeal filed by the defendant, Burns Brothers Donut Shop, Inc. (Burns Brothers), from a Superior Court judgment granting a motion for summary judgment in favor of the third-party defendant, Griggs & Browne Co., Inc. (Griggs & Browne). For the reasons set forth herein, we affirm the judgment of the Superior Court.

This matter originates from a workers’ compensation case. Burns Brothers had engaged Griggs & Browne to perform extermination services for more than twenty years. On January 10, 1986, an employee of…