Duphily v. Delaware Electric Cooperative, Inc.

WALSH, Justice:

In this appeal from the Superior Court, we consider whether an employer’s negligence may constitute a superseding cause in an employee’s negligence action against a third-party tortfeasor. We conclude that, under the circumstances of this case, the alleged negligence of the employer may be raised as evidence of superseding cause even though the employer is otherwise immune from suit under workers’ compensation laws and thus cannot be deemed a “joint tortfeasor.” We also find that there was sufficient evidence presented at trial to warrant a jury instruction on superseding…