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HUGO JAIGUAY, ADMINISTRATOR (ESTATE OF JUAN ROCANO BRITO) v. JOEL VASQUEZ ET AL. (SC 17814)
Norcott, Katz, Palmer, Zarella and Schaller, Js. Argued November 20, 2007--officially released June 17, 2008

Brenden P. Leydon, for the appellant (plaintiff). Frank C. Bartlett, Jr., with whom was Sergio C. Deganis, for the appellee (named defendant). Lisa Faris-McNamara, for the appellees (defendant Percy Montes et al.).

Opinion

PALMER, J. This action arises out of an automobile accident in Greenwich in which Juan Rocano Brito (decedent), an employee of Primo's Landscaping, Inc. (Primo's Landscaping), a New York corporation, was killed while riding as a passenger in a pickup truck that was operated by a coworker, Joel Vasquez, and registered to Percy Montes, a coowner and employee of Primo's Landscaping.1 The plaintiff, Hugo Jaiguay, administrator of the decedent's estate, commenced this action against the defendants Vasquez, Percy Montes and Primo's Landscaping, seeking damages for the decedent's allegedly wrongful death. After concluding that New York law applied to the plaintiff's action, the trial court granted the defendants' motions for summary judgment on the ground that the action was barred by the exclusivity provision of New York's Workers' Compensation Law, N.Y. Workers' Comp. Law

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Connecticut Law