178 Conn. 371 | Conn. | 1979
Section 31-284 of the General Statutes, in part, provides, as a basic tenet of our workmen’s compensation law, that “[a]n employer shall not be liable to any action for damages on account of personal injury sustained by an employee arising out of and in the course of his employment.” Section 31-293a provides, in part, that “no action may be brought against . . . [a] fellow employee except for negligence in the operation of a motor vehicle.” In this case, we are called upon to decide whether the trial court erred when, in construing these statutes, it determined that the defendant Frank Valla, doing business as Frank Valla Catering, was not liable to a suit for negligence in the operation of a motor vehicle as a fellow employee of the plaintiff, and in concluding that the plaintiff’s sole remedy for his injuries was, pursuant to §§ 31-284 and 31-293a, a claim for workmen’s compensation.
The plaintiff, Harry A. Velardi, instituted this action in the Superior Court to recover damages for personal injuries resulting from an accident which arose out-of and in the course of his employment. The action was instituted against five defendants, including the appellee Frank Valla, doing business as Frank Valla Catering, hereinafter the defendant. The plaintiff, in. the fifth count of his complaint, alleged that at the time of his injuries he and the defendant were “fellow employees,” within the meaning of § 31-293a of the General Statutes, of Frank Valla Catering, a concern which operated a catering business, and that the injuries to his legs and other parts of his body were caused, inter
In his answer to the plaintiff’s complaint, the defendant denied liability for the plaintiff’s injuries, and, in addition, filed a motion for summary judgment in which he alleged, in effect, that the plaintiff and he were not fellow employees; that the plaintiff was employed by him in the catering business which the defendant operated individually as a sole proprietorship under the business name of Frank Valla Catering; that the plaintiff had made a claim for workmen’s compensation benefits and was paid $3394.57 in benefits; and that the plaintiff was barred from bringing an action against his employer, the defendant, since his sole remedy was under the Workmen’s Compensation Act; General Statutes § 31-284; a remedy which the plaintiff had already pursued. The trial court granted summary judgment as to the defendant for the reasons advanced in support of the motion, and the plaintiff has appealed from the judgment rendered thereon.
The plaintiff principally argues that a genuine issue of material fact existed requiring an evidentiary hearing on the scope of the services performed by the defendant to determine whether the defendant was a “fellow employee” within the meaning of § 31-293a of the General Statutes,
Within the framework of the pleadings in the present case, the sole manner in which the plaintiff could maintain an action at law against the defendant is if the defendant was a “fellow employee,” amenable to suit within the exception provided in General Statutes § 31-293a. Our attention to this issue is not diverted by the plaintiff’s argument that the granting of summary judgment by the trial court was procedurally erroneous on the ground that the defendant’s status in relation to the plaintiff created a material issue of fact. While we agree with the salutary principle that the summary judgment procedure is ill-adapted to negligence cases, since the conclusion of negligence is normally one of fact; Spencer v. Good Earth Restaurant Corporation, 164 Conn. 194, 198, 319 A.2d 403 (1972); Cappiello v. Haselman, 154 Conn. 490, 495, 227 A.2d
We find no error in the trial court’s decision sustaining the defendant’s motion for summary judgment.
There is no error.
In this opinion the other judges concurred.
Section 31-293a provides, in part: “No right against fellow employee; exception. If an employee or, in the case of his death, his dependent has a right to benefits or compensation under this chapter 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 or dependent and no action may be brought against such fellow employee except for negligence in the operation of a motor vehicle as defined in section 14-1 or unless such wrong was wilful or malicious.”