Selby v. BairdAnnotate this Case
The Supreme Court affirmed the judgment of the superior court entering summary judgment against Plaintiff and in favor of Defendants - Michael Baird, Mike's Professional Tree Services, Inc. (MPTS), and John Rossi - with respect to Plaintiff's personal injury claims, holding that the superior court did not err.
This litigation arose from a serious injury that Plaintiff suffered while he was engaged as a foreman for a tree removal crew. Plaintiff filed a complaint alleging that Defendants had been negligent on the day of the accident. The central dispute between the parties on summary judgment was whether Plaintiff was employed by MPTS, as Defendants asserted, or whether Plaintiff was an employee of a related but distinct entity, as Plaintiff insisted. The hearing justice determined that MPTS was Plaintiff's employer and granted summary judgment for Defendants. The Supreme Court affirmed, holding that the hearing justice properly determined that Plaintiff was employed by MPTS and correctly granted Defendants' motion for summary judgment.