Rafferty v. Hartman Walsh Painting Co.

HARTNETT, Retired Justice:

In this appeal we consider whether the wife of a deceased employee may bring a tort action against the employer of her husband, a painter who fell to his death while painting a bridge. We find that because of the exclusivity provisions of the Delaware Workers’ Compensation Act, a tort action may not be maintained against the employer on behalf of the employee in the absence of facts being alleged which, if true, show an intention by the employer to injure the employee.

I

This is an interlocutory appeal from the order of the Superior Court dismissing the tort claims by…