Marsh v. Tilley Steel Co.

Opinion

RICHARDSON, J.

Plaintiff appeals from a judgment of nonsuit in his action for personal injury damages, and alleges that the trial court misapplied the law involving special employment. The case involves the interplay between tort and workers’ compensation remedies within the relationship of special and general employers and employees. We will conclude that, where the negligence of a special employee injures another of the special employer’s workers, the victim is not barred by workers’ compensation law from suing the general employer of the tortfeasor in negligence on respondeat…