O'Connor v. Midiria

Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs, husband and wife, seek derivative and compensatory damages for personal injuries sustained by the wife. Defendants, Kane and Pizza Hut of North Haven, Inc., have moved for summary judgment contending that plaintiffs’ action is barred on two grounds. First, defendants contend that a determination of the Workers’ Compensation Board in plaintiffs’ favor forecloses the court from granting common-law damages. Second, they contend that plaintiffs have failed to state a cause of action for…