Flood v. Merchants Mutual Insurance

This is an appeal from the judgment of the Superior Court of Baltimore City sustaining appellee’s demurrer to the third -count of appellant’s declaration, without leave to amend. The third count sought to recover in tort from an employer’s workmen’s compensation insurer for alleged negligence, consisting of claimed malpractice of physicians selected by the insurer for treatment of an employee’s injuries.

On February 4, 1958, appellant, employed by Yeaton and Company, as a laborer in a coal yard, was injured when a large lump of coal fell from a coal elevator, striking him in the back while he…