Fonseca v. Pacific Construction Co., Ltd.

*579OPINION OF THE COURT BY

LEVINSON, J.

This case involves a dispute over the immunity of third parties to common law tort actions under our workmen’s compensation scheme.

The facts are simple: The plaintiffs-appellants are the dependents, widow, parents and estate of John Fonseca, Jr. Fonseca was an employee of Sperry Construction Co., Inc., a subcontractor of either or both Pacific Construction Co., Ltd., and The Hawaii Corporation, hereafter referred to as the general contractors or Pacific-Hawaii. The complaint alleged that Fonseca died on February 17, 1970 in the course and scope of his…