Case Description: Plaintiff-appellant Stephen H. Grabowski sustained injuries arising from horseplay at his job site. After claiming and receiving workers' compensation benefits, Grabowski brought a third party negligence action against co-employees involved in the horseplay: defendant-appellees William Mangler, David Smith, and Joseph Ziemba. Mangler, Smith, and Ziemba filed motions for summary judgment, which the trial judge granted.
Proceedings Description: On appeal, Grabowski argues that the trial judge erred when she granted Defendants' motions for summary judgment because there were genuine issues of material fact in dispute that precluded summary judgment. Grabowski contends that the exclusivity provision of Delaware's Workers' Compensation Act, 19 Del.C. § 2304, "does not preclude a tort claim for injuries caused by acts of co-employees when those acts did not arise out of or within the course and scope of employment," and that the workplace horseplay that injured Grabowski did not arise out of or within the course and scope of his employment. Therefore, Grabowski contends that the trial judge erred when she dismissed his third-party claim on the basis that his co-employees injured him within the course and scope of employment.
Outcome: The court remanded the case with instructions to analyze whether the co-employees' conduct was horseplay that was outside the course and scope of employment. The court retained jurisdiction.
http://scholar.google.com/scholar_case?case=4491011953958256925&hl=en&as_sdt=2&as_vis=1&oi=scholarr
The court remanded the case with instructions to analyze whether the co-employees' conduct was horseplay that was outside the course and scope of employment. The court retained jurisdiction.
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