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TYLER v. FULLER

No. 89-274.

132 N.H. 690 (1990)

CURTIS TYLER & a. v. CLINTON B. FULLER & a.

Supreme Court of New Hampshire.

February 7, 1990.

Attorney(s) appearing for the Case

Wiggin & Nourie, of Manchester (W. Wright Danenbarger and Mary Anne Mueller on the brief, and Ms. Mueller orally), for the plaintiffs.

Boynton, Waldron, Doleac, Woodman & Scott P.A., of Portsmouth (Ralph R. Woodman, Jr., and Bradley M. Lown on the brief, and Mr. Lown orally), for the defendants.

JOHNSON, J.

This is an interlocutory appeal from a ruling of the Superior Court (Barry, J.) denying the defendants' motion to dismiss. The issue presented is whether the plaintiffs' writ sets forth an actionable claim of negligence against the defendants as co-employees of plaintiff Curtis Tyler such that the plaintiffs are not barred from recovery by the exclusive remedy provision of the New Hampshire Workers' Compensation Law, RSA 281-A:8, I(a) (Supp. 1989...

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