Mello v. Gouin's Plumbing & Heating Co.

The defendant appeals the Superior Court’s {McHugh, J.) determination that the plaintiff could maintain a negligence action against his employer after the plaintiff was injured and received workers’ compensation benefits. We reverse.

The parties stipulated to the following facts. On March 11, 1987, the plaintiff was employed by the defendant as a plumbing and heating technician and was qualified to perform minor repairs to heating systems. The defendant installs, maintains, and repairs plumbing and heating systems, and constructed the building from which it operates its business. The defendant…