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HATCH v. TRAIL KING INDUSTRIES, INC.

No. 10-2153.

656 F.3d 59 (2011)

Dean F. HATCH and Mary L. Hatch, Plaintiffs, Appellants, v. TRAIL KING INDUSTRIES, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 29, 2011.

Attorney(s) appearing for the Case

J. Michael Conley , with whom Kenney & Conley, P.C. was on brief, for appellant.

Timothy C. Kelleher III and Cooley Manion Jones LLP on brief for the Massachusetts Academy of Trial Attorneys, amicus curiae.

Myles W. McDonough , with whom Lawrence J. Kenney, Jr. , Christopher M. Reilly , and Sloane and Walsh, LLP were on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

A jury rejected both the negligence and the breach of the implied warranty of merchantability claims brought by the plaintiffs, Dean Hatch and his wife, after Hatch was severely injured at work and left paralyzed from his chest down. Hatch did not bring this suit against his employer, Advanced Drainage Systems, Inc. ("ADS"); it may be he was restricted to an exclusive workers' compensation remedy. See Mass. Gen. Laws ch. 152, §§...

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