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RAFFERTY v. HARTMAN WALSH PAINTING CO.

No. 196, 1999.

760 A.2d 157 (2000)

Anne RAFFERTY, Individually and as Administratrix of the Estate of Joseph A. Rafferty, Sr., Joseph A. Rafferty, Jr., James J. Rafferty and Brigid M. Rafferty, Plaintiffs Below-Appellants, v. HARTMAN WALSH PAINTING COMPANY, a Foreign Corporation, Defendant Below-Appellee.

Supreme Court of Delaware.

Decided: July 12, 2000.

As Amended on Denial of Rehearing October 19, 2000.

Attorney(s) appearing for the Case

Joseph J. Rhoades, Esquire, and W. Christopher Componovo, Esquire, Law Offices of Joseph J. Rhoades, Wilmington, DE, attorneys for Plaintiffs Below, Appellants.

Kevin J. Connors, Esquire, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE, attorney for Appellee.

Harvey Bernard Rubenstein, Esquire, Edward B. Carter, Jr., Esquire, and Christopher J. Curtin, Esquire, Wilmington, DE, Delaware Trial Lawyers' Association, attorneys as Amicus Curiae.

Before VEASEY, Chief Justice, WALSH, HOLLAND, HARTNETT and BERGER, Justices, constituting the Court en banc.

HARTNETT, Retired Justice:

In this appeal we consider whether the wife of a deceased employee may bring a tort action against the employer of her husband, a painter who fell to his death while painting a bridge. We find that because of the exclusivity provisions of the Delaware Workers' Compensation Act, a tort action may not be maintained against the employer on behalf of the employee in the absence of facts being alleged...

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