Fredette v. Simpson

440 Mass. 263
CourtMassachusetts Supreme Judicial Court
DecidedOctober 28, 2003
StatusPublished
Cited by16 cases

This text of 440 Mass. 263 (Fredette v. Simpson) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fredette v. Simpson, 440 Mass. 263 (Mass. 2003).

Opinion

Ireland, J.

This case concerns an industrial accident in which David Tremblay, an employee of Shield Packaging Co., Inc. (Shield), was severely and permanently injured when the backhoe truck tire he was repairing exploded. The plaintiffs sued and eventually settled Tremblay’s workers’ compensation claim against Shield for $750,000. They also reached settlements with all other parties except A. Brace Simpson. The Superior Court allowed Simpson’s motion for summary judgment with regard to negligence claims brought against him, holding that Simpson was entitled to coemployee immunity under G. L. c. 152, the Workers’ Compensation Act (Act). The plaintiffs appealed and we granted their application for direct appellate review.3 Because we conclude that these were work-related injuries that are governed exclusively by workers’ compensation, we agree with the Superior Court that Simpson is protected by the Act’s coemployee immunity provision, G. L. c. 152, § 15.4 We therefore affirm the judgment of the Superior Court.56

Facts. In the early or mid-1980’s, Simpson, the vice-president in charge of operations and a one-third shareholder of Shield, bought a backhoe track at a salvage yard auction and delivered it to Shield’s facility in Dudley for use at Shield. In the years since that purchase, the track has been used mainly for excavation work in Shield’s business. At all relevant times Simpson knew that the backhoe had wheels with multi-piece rims, and [265]*265was generally aware of the risk of injury from exploding rims when a tire was being inflated.

Simpson received an order to remove railroad ties on Shield property from Shield’s president, and relayed the instructions to his son, Ryan Simpson, also an employee of Shield. On November 12, 1997, Ryan Simpson was supervising David Tremblay, a maintenance worker at Shield, as Tremblay was changing a tire on the backhoe truck to prepare the truck for use in removal of the railroad ties on Shield’s property. The backhoe’s multi-piece tire rim explosively separated, striking Tremblay in the forehead. As a result of this injury, surgeons had to remove a large part of Tremblay’s forehead, a substantial portion of the left frontal lobe of his brain, and his right eye. Tremblay is now legally blind and suffers from permanent and severe brain injury. The parties do not dispute that Tremblay was injured while working for Shield.

The plaintiffs sued, and eventually they settled Tremblay’s workers’ compensation claim against Shield for $750,000 and their product liability claims against the manufacturers of the truck and the locking ring mechanism incorporated into the tire. The plaintiffs also sued Simpson individually, alleging that Simpson was negligent because he (1) failed adequately to train and supervise Tremblay, (2) did not warn of the known danger posed by the multi-piece tire rims and provide protective gear to those who foreseeably would service the truck, and (3) transferred the backhoe truck to Shield with knowledge of its dangerous condition and failed to warn others or otherwise address the known danger. Simpson moved for summary judgment on the ground that Tremblay’s negligence claims were barred by the coemployee immunity provision of the Act. G. L. c. 152, § 15. The Superior Court judge allowed Simpson’s motion on all three counts. This appeal followed.

Discussion.

1. Granting of summary judgment.

a. Summary judgment standard. The Superior Court judge properly allowed the defendant’s motion for summary judgment. The grant of summary judgment will be upheld on appeal when, “viewing the evidence in the light most favorable to the non-moving party, all material facts have been established and the [266]*266moving party is entitled to a judgment as a matter of law. . . . [The appellate court] may consider any ground supporting the judgment.” (Citations omitted.) Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991).

b. Coemployee immunity provision of G. L. c. 152, §15. Workers’ compensation is the exclusive remedy against employers and coemployees who commit tortious acts “within the course of their employment and in furtherance of the employer’s interest.” Brown v. Nutter, McClennen & Fish, 45 Mass. App. Ct. 212, 216 (1998). An employee is thus immune from tort liability under the Act, provided that his or her negligence that resulted in another employee’s injury occurred in the course of employment. Mulford v. Mangano, 418 Mass. 407, 410-411 (1994). Saharceski v. Marcure, 373 Mass. 304, 306 (1977). Co-employees, however, may be sued for tortious acts committed outside the course of employment and for reasons “unrelated to the interest of the employer.” Brown v. Nutter, McClennen & Fish, supra at 216, citing L. Locke, Workmen’s Compensation § 10.5, at 273 (Nason & Wall Supp. 1995). See G. L. c. 152, §§ 23-24. An objective test is used to assess whether the coemployee acted in the course of employment or “at least in part for a job-related purpose.” Mulford v. Mangano, supra at 412.

c. “Course of employment” test. The “course of employment” test used in workers’ compensation cases is much broader than the “scope of employment” test applied to determine whether a master is liable for a servant’s negligent acts. See Mulford v. Mangano, supra at 410-411; Mendes v. Tin Kee Ng, 400 Mass. 131, 134-135 (1987); Saharceski v. Marcure, supra at 306 (implicitly rejecting narrower “scope of employment” test); G. L. c. 152, § 15 (see note 3, supra). An employee has acted in the course of employment whenever he has, on the employer’s premises, engaged in conduct consistent with his contract of hire and pertinent or incidental to his employment. Mulford v. Mangano, supra at 411. Furthermore, an employee has acted in the course of employment even if he has more than one purpose for doing an act, “as long as one significant purpose is related to the employment.” Mendes v. Tin Kee Ng, supra at 134-135. The relevant inquiry with respect to claims against co-employees is not whether the coemployee owned the equipment [267]*267that caused the injury, but whether, at the time of the injury, the coemployee acted in some way related to his or her employment. Id. at 134 (emphasizing “time of the accident” as relevant time frame for coemployee immunity inquiry and focusing on purpose for employee’s actions, not on ownership of instrumentality). Mulford v. Mangano, supra at 409-411 (implying that time of injury is relevant time frame for coemployee immunity inquiry). Saharceski v. Marcure, supra at 305-307 (looking only to coemployee’s actions on date of accident). G. L. c. 152, §§ 1-24.

Under the broad “course of employment” test of employee immunity, an employee is acting within the course of employment when he provides equipment for his employer’s use. We have applied coemployee immunity in a case where one employee’s equipment indirectly served the employer’s interest by providing the employee with transportation to and from work. Mendes v. Tin Kee Ng, supra at 135 (employee who struck another employee with car while arriving at work acted in course of employment).

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Bluebook (online)
440 Mass. 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fredette-v-simpson-mass-2003.