Newby v. Gerry

Richard Newby appeals a summary judgment dismissing his tort action against a co-employee for injury sustained during the course of his employment.

Newby fell from a scaffolding during the course of his employment. He claims the fall occurred when a co-employee supervisor, Ken Gerry, approached him from the rear, gave a loud yell and grabbed him by the ankles. Both Newby and Gerry were employed by the same milling and woodworking firm. Newby alleged that, inter alia, Gerry intentionally assaulted him. Gerry denied all allegations and moved to dismiss Newby's suit on the basis that Newby's…