Prive v. M. W. Goodell Construction Co.

Plaintiff brings this common law action for personal injuries arising out of a work-related accident, alleging that the defendant negligently maintained an unsafe place to work. RSA 281:141. Defendant, a contractor, moved to dismiss on the ground that it was liable for the payment of compensation to the employees of its uninsured subcontractor, that it was therefore an “employer” under RSA 281:2 I, and that as an “employer” it is immune under RSA 281:12 from common law actions. The Trial Court {Bean, J.) denied defendant’s motion to dismiss and reserved and transferred defendant’s exception.

Th…