Estabrook v. American Hoist & Derrick, Inc.

The plaintiffs in these four consolidated cases challenge the constitutionality of certain provisions of RSA 281:12, II (Supp. 1983), a part of the workers’ compensation law. That paragraph bars actions for non-intentional torts by an employee or his personal or legal representatives against “any officer, director, agent, servant or employee” of his employer for personal injury, as defined in RSA 281:2, V (Supp. 1983). We hold that this provision is unconstitutional, except when liability would rest on acts performed by a defendant as the alter ego of a corporate employer while performing a…