R.L. WHIPPLE CO., INC. v. PONDVIEW EXCAVATION CORP.

No. 07-P-1214.

71 Mass. App. Ct. 871 (2008)

R.L. WHIPPLE CO., INC. v. PONDVIEW EXCAVATION CORP.

Appeals Court of Massachusetts, Worcester.

June 4, 2008.


Attorney(s) appearing for the Case

Philip M. Stone for the plaintiff.

Jacqueline L. Allen for the defendant.

Present: GRAHAM, DREBEN, & WOLOHOJIAN, JJ.


WOLOHOJIAN, J.

In this appeal we address an issue of first impression in the Commonwealth: whether an employer can maintain a negligence claim to recover its increased workers' compensation insurance costs from the third party who injured its employee. Summary judgment was granted in favor of the defendant. We affirm.

R.L. Whipple Co., Inc. (Whipple), employed Paul Landry, who was injured when a Dumpster owned by Pondview Excavation Corp. (Pondview) rolled...

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