Waters v. Hedberg

The question raised in this interlocutory appeal is whether the plaintiffs’ release from liability of an employer, whose liability is based solely upon the negligence of an employee, bars a subsequent suit for negligence against the employee. The Master (R. Peter Shapiro, Esq.), in a recommendation approved by *548the Superior Court (Temple, J.), denied the defendant/employee’s motion to dismiss, ruling that the release of the employer was not a bar to the suit against the employee. We affirm the denial of the motion to dismiss.

This case arises out of an automobile accident which occurred in…