Longever v. Revere Copper & Brass Inc.

The central issue is whether an employee injured in the course of his employment may recover from his employer as the manufacturer of an allegedly defective product. The complaint alleges that the plaintiff, who at the time was an employee of the defendant, was injured while using machinery manufactured and sold to the general public by a wholly separate division of the defendant. The plaintiff claims that, since the defendant acted in two separate capacities, this action is not barred by the provisions of G. L. c. 152.

The plaintiff made a motion pursuant to Mass. R. Civ. P. 12 (d), 365 Mass.…