Supreme Court of Delaware

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Grabowski v. Mangler, 65, 2007

In a negligence action against plaintiffs' co-employees who were engaged in horseplay at a job site that injured plaintiff, summary judgment for defendants is affirmed where: 1) the Delaware Workers' Compensation Act provided the exclusive remedy against the employer for employees who are injured on the job from acts arising out of and in the course and scope of employment; 2) claims against co-employees may arise when the co-employees act outside the course and scope of employment; and 3) application of a four-factor test to the facts of this case indicated that defendants' prank on plaintiff was reasonably within the course of their employment.

Appellate Information

  • Decided 09/09/2008
  • Published 09/09/2008

Judges

  • RIDGELY, Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • Gary S. Nitsche, Esquire (argued) and W. Christopher Componovo, of Weik, Nitsche, Dougherty & Componovo, Wilmington, Delaware, for appellants.

  • For Appellees:
  • Nancy Chrissinger Cobb, Esquire (argued), of Chrissinger & Baumberger, Wilmington, Delaware, for appellee David Smith., Robert K. Pearce, Esquire (argued) and Thomas R. Riggs, Esquire, of Ferry, Joseph & Pearce, P.A., Wilmington, Delaware, for appellee Joseph Ziemba., Joseph A. Gabay, Esquire, Wilmington, Delaware;  Wayne A. Marvel, Maron Marvel Bradley & Anderson, P.A., Wilmington, Delaware, for appellee William Mangler.
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