Brescia v. Great Road Realty Trust

Peter Brescia was employed by Constructors, Incorporated, a construction company, when he suffered on-the-job injuries as the result of the collapse of the boom of a truck crane owned by and leased from the defendant Great Road Realty Trust. Plaintiff brought this suit seeking to recover damages on alternative theories of strict liability and implied warranty. Dianne L. Brescia is seeking damages for the loss of her husband’s consortium.

The defendant moved to dismiss on the ground that the trust was not “some person other than the employer,” and thus shared in the statutory immunity from suit…