Isabella v. Koubek

LOHIER, Circuit Judge:

In this appeal, involving a car accident, we consider an apparent conflict between two provisions of New York law: Section 29(6) of New York’s Workers’ Compensation Law (“Section 29(6)”), which provides that workers’ compensation is the exclusive remedy of an employee injured by his co-employee’s negligence, and Section 388 of New York’s Vehicle and Traffic Law (“Section 388”), which provides that every owner of a vehicle operated in New York is liable for injuries resulting from the negligent permissive use of that vehicle. Ultimately, we conclude that the New York…