DocketNumber: No. CV94 036 10 32
Citation Numbers: 1995 Conn. Super. Ct. 339, 13 Conn. L. Rptr. 379
Judges: HODGSON, J.
Filed Date: 1/20/1995
Status: Non-Precedential
Modified Date: 7/5/2016
The plaintiff, John Carlo, has sued Enterprise Rent-A-Car ("employer") and Robert Regel, a fellow employee, for injuries the plaintiff claims to have suffered in a collision when he was a passenger in a car driven by Regel while both the plaintiff and Regel were acting in the scope of their employment as employees of CT Page 339-A Enterprise Rent-A-Car.
In its motion for summary judgment, the employer claims that the plaintiff's claim against it is barred by the exclusivity provision of the Worker's Compensation Act, General Statute §
General Statutes §
The plaintiff claims that General Statutes §
[i]f an employee . . . has a right to benefits or compensation under this chapter [the Worker's Compensation Act] on account of injury or death from injury caused by the negligence or wrong of a fellow employee, such right shall be the exclusive remedy of such injured employee . . . and no action may be brought against such fellow employee unless such a wrong was willful or malicious or the action is based on the fellow employee's negligence in the operation of a motor vehicle as defined in Section
14-1 . [emphasis supplied].
Contrary to the plaintiff's assertion, §
The plaintiff argues that because an employer must provide CT Page 339-C such liability coverage to address claims against its employees, the employer itself can be sued. On its face, §
In Bouley v. City of Norwich,
The General Assembly thereafter enacted P.A. 93-297, which provides, at subsection (f), that "[n]otwithstanding subsection (a) of Section
The plaintiff argues that P.A. 93-297(f) somehow allows not CT Page 339-D only a claim for uninsured motorist insurance benefits, but also a direct right of action against the employer based on allegations of vicarious liability for the negligent operation of a motor vehicle by the fellow employee.
P.A. 93-297(f) says no such thing. On its face, this enactment applies only to access to uninsured and underinsured motorist benefits. It does not allow a cause of action against the employer for liability for the motor vehicle collision.
The plaintiff's claim against his employer is not a claim for uninsured or underinsured motorist benefits. The allegation of the complaint make no mention of exhaustion of the coverage of the fellow employee or any of the other requirements for a claim arising under such coverage. See General Statute §
This claim against Enterprise Rent-A-Car is barred by the exclusivity provision of the Worker's compensation Act, which was CT Page 339-E not amended by P.A. 93-297.
The motion for summary judgment filed by Enterprise Rent-A-Car is hereby granted, and judgment shall enter in favor of that defendant as to the claims made against it in the plaintiff's complaint. Because of the plaintiff's apparent confusion of the issues of liability and insurance, it seems necessary to state that this adjudication does not affect the plaintiff's claim against the alleged fellow employee defendant Robert Regel, nor any insurance coverage required by law.