Clamp v. Hales

OPINION OF THE COURT

Leslie E. Stein, J.

Plaintiffs Thomas Clamp and Mathai George commenced this action, seeking recovery for personal injuries allegedly sustained in an automobile accident. Thereafter, a third-party action was commenced by the coexecutors of the defendant Estate of William Hales (Hales) for contribution/indemnification based upon the alleged negligence of George and his wife. The Georges now move for summary judgment dismissing the third-party complaint on the basis that Clamp did not sustain a grave injury under Workers’ Compensation Law § 11.

The Georges argue that Clamp was…