Sienkiewycz v. Dressell

(Ret.), Specially Assigned. Plaintiff-appellant was injured while employed by defendant and received a settlement under the workers’ compensation law. He brought this suit against his employer on the theory that his injury was attributable to the acts of his employer while performing as a fellow employee. Defendant maintained that, under 21 V.S.A. § 622, acceptance of the workers’ compensation award barred any other recovery by plaintiff. The trial court agreed and granted defendant’s motion for judgment, despite a jury verdict finding defendant negligent. We affirm.

Plaintiff was hurt while…