Benoit v. Capitol Manufacturing Co.

PATIN, Judge, Pro Tem.

John R. Benoit filed suit for personal injuries against his co-employee, Milton Bennett and his employer, Capitol Manufacturing Company. After a bench trial the trial court rendered judgment in favor of Benoit and against Bennett in the sum of $61,011.00 plus interest and costs. Be-noit was found to be twenty-five percent at fault and Bennett seventy-five percent. The claim against Capitol was dismissed with prejudice. From this judgment Benoit appeals.

Appellant claimed he sustained damages in a fight intentionally started by his co-employee while at work. He sued both…