Mello v. KilleavyAnnotate this Case
The Supreme Court affirmed the judgment of the superior court granting summary judgment in favor of Defendant in this negligence action, holding that summary judgment was appropriately granted in favor of Defendant on Plaintiff's negligence claim.
Plaintiff and Defendant were fellow employees. Defendant injured Plaintiff when he ignited gasoline in a bathroom Plaintiff was occupying and the gasoline burst into flames. Plaintiff filed a negligence complaint against Defendant. The superior court granted summary judgment for Defendant based on the exclusivity provision of the Workers' Compensation Act, R.I. Gen. Laws 28-29-20. The Supreme Court affirmed, holding (1) R.I. Gen. Laws 28-35-58 did not enable Plaintiff to maintain a suit against Defendant even though Plaintiff accepted and received workers' compensation benefits from his employer; and (2) absent disputed issues of material fact in this case, summary judgment was properly granted in favor of Defendant.