DEROSIA v. DURO METAL PRODUCTS CO.

No. 84-379.

519 A.2d 601 (1986)

Lyman R. DEROSIA v. DURO METAL PRODUCTS CO. and Liberty Mutual Insurance Co. v. The BOOK PRESS, INC.

Supreme Court of Vermont.

October 31, 1986.


Attorney(s) appearing for the Case

Thomas W. Costello and Ardith L. Baldwin, Law Clerk (On the Brief), Brattleboro, for plaintiff-appellant.

Robert P. Gerety, Jr., of Plante, Richards, Terino & Hanley, White River Junction, for defendant-appellee Liberty Mutual.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.


HILL, Justice.

This is an action for damages resulting from an accident arising out of and in the course of plaintiff's employment. Plaintiff originally commenced the action against Duro Metal Products Co., the manufacturer of the injury-causing device. He subsequently moved to amend the complaint and joined Liberty Mutual Insurance Co. (carrier), the workers' compensation insurer for plaintiff's employer.

The carrier moved for summary judgment on the ground...

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