Even if plaintiff's injury was caused in some measure by the negligence of his coworker, the Workers' Compensation Law defense is not applicable to shield defendant Bell Trucking and Bell's employee defendant Jenkins from liability. Bell was not plaintiff's employer and plaintiff does not seek to hold Bell vicariously accountable for the conduct of plaintiff's coworker, but rather alleges that his injuries resulted from Bell's and Jenkins's affirmative negligence (see...
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