Garger v. Desroches

¶ 1. Plaintiff Michael Garger appeals from the superior court’s order dismissing his complaint against defendant Alan Desroches, his former co-employee and supervisor. Plaintiff filed an action for damages, alleging that defendant negligently ordered him to surmount a steep incline while driving an all-terrain vehicle (ATV), which resulted in an accident that caused him severe injury. The court dismissed the complaint as barred by the Workers’ Compensation Act (the Act). On appeal, plaintiff argues that his cause of action is not barred because it is not against his employer. We affirm.

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