Joshua Mello v. Sean Killeavy

Justice Indeglia, for the Court.

In this negligence action, the plaintiff, Joshua Mello (Mello), appeals from a Superior Court grant of summary judgment in favor of the defendant, Sean Killeavy (Killeavy), based on the exclusivity provision of the Workers' Compensation Act, G.L. 1956 § 28-29-20 (the exclusivity provision). On appeal, Mello contends that, despite the limitation on remedies contained in the exclusivity provision, G.L. 1956 § 28-35-58 allows him to bring a claim against his fellow employee for tortious acts of the coemployee that were outside the scope of employment, even after…