Masterson v. American Heavy Industries

By Judge John R. Doyle, III

Following oral arguments on March 6, 2012, this matter is now before the Court on Defendant American Heavy Industries’ (AHI) Plea in Bar asserting that the Plaintiff’s sole remedy for his alleged injuries is workers’ compensation. As seen below, the ultimate question to be answered in addressing this Plea in Bar is whether Plaintiff Masterson and the involved Defendant AHI employees should be deemed statutory co-employees of the Norfolk Southern Railroad at the time of Masterson’s accident.

The relationships among the parties in this type of case vary but fall into…