DocketNumber: No. CV91 27 91 36 S
Citation Numbers: 1993 Conn. Super. Ct. 6868
Judges: FULLER, JUDGE
Filed Date: 7/20/1993
Status: Non-Precedential
Modified Date: 4/18/2021
This case presents an unusual factual situation in that the plaintiff has not sued his immediate employer, but rather a parent corporation. The plaintiff was an employee of Bradlees New England, Inc., which was a wholly owned subsidiary of Bradlees New England Holdings, Inc., which in turn was wholly owned by The Stop Shop Companies, Inc. The plaintiff's salary was apparently paid by S S Credit Co., Inc. an affiliate company, which was one of The Stop Shop family of companies. The defendant Stop Shop Holdings, Inc., is also a subsidiary of The Stop Shop Companies, Inc. The defendants allege that The Stop Shop Companies, Inc. was the parent corporation which owned, controlled and managed through its subsidiaries the Bradlees stores, including the one where the plaintiff was employed. The defendants contend that all Bradlees employees were actually employees of the parent company, which entitles it to assert the workers' compensation defense since it is, in effect, the plaintiff's employer. The plaintiff contends that the defendants' have admitted that different corporate entities employed the plaintiff, the employment arrangement still presents questions of fact, and there is a further question of fact as to who actually owned or leased the tractor and trailer in which the plaintiff was CT Page 6870 injured. It is apparently undisputed that The Stop Shop Companies, Inc. provided workers' compensation benefits for both Bradlees and Stop Shop employees, and documents filed with the motion for summary judgment indicate the employer as The Stop Shop Companies, Inc. Checks for workers' compensation benefits were also paid to the plaintiff by The Stop Shop Companies, Inc.
The court does not resolve at this time whether there are any genuine issues as to material facts. In order to be entitled to summary judgment, the moving party must also show that it is entitled to judgment as a matter of law. Bartha v. Waterbury House Wrecking Co.,
The concept of treating two legal entities as one has generally been invoked for the purpose of protecting third parties who have dealt with them and to prevent avoidance of existing legal obligations by use of the corporate structure. Connecticut Co. v. New York, N.H. H.R. Co.,
On the other hand, the defendants make the persuasive equitable argument that the parent corporation, Stop Shop Holdings, Inc. should not be liable to the plaintiff for both workers' compensation benefits and damages in a tort action. The concept behind workers' compensation statutes is to compensate the employee injured in the course of employment without regard to fault by imposing a form of strict liability on the employer, in return for precluding the employee from bringing a civil action against the employer. Jett v. Dunlap,
While the motion for summary judgment must be denied because there is a question of law with arguably intertwined questions of fact, this court agrees with the defendants that this is a good case for a reservation of rights to the Supreme Court or the Appellate Court pursuant to 4147 of the Practice Book, particularly since there are no recent decisions on the issue. There are the related questions of election of remedies, whether and to what extent the parent corporation can recoup the compensation benefits paid in the civil action if the plaintiff recovers a judgment, and whether either defendant can intervene as an employer pursuant to
The motion for summary judgment is denied.
ROBERT A. FULLER, JUDGE
Horney v. Johnson , 167 Conn. 621 ( 1975 )
Crisanti v. Cremo Brewing Co. , 136 Conn. 529 ( 1950 )
Bartha v. Waterbury House Wrecking Co. , 190 Conn. 8 ( 1983 )
Wheeler v. New York, New Haven & Hartford Railroad , 112 Conn. 510 ( 1931 )
Connecticut Co. v. New York, New Haven & Hartford Railroad , 94 Conn. 13 ( 1919 )