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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2751 September Term, 2010

DANIEL C. HAYES

v.

DARIEN J. PRATCHETT

Krauser, C.J., Wright, Berger,

JJ.

Opinion by Wright, J. Filed: June 5, 2012

On July 26, 2006, the appellant, Daniel C. Hayes, and the appellee, Darien J. Pratchett, were involved in an automobile accident in the parking lot of BJ's Wholesale Club located on Ballpark Road in Bowie, Maryland. Hayes was an employee of BJ's Wholesale Club Tire Center, and Pratchett was his supervisor in the tire center. On August 15, 2006, Hayes signed a release agreement resolving any claims that he may have had against BJ's Wholesale Club, Inc. arising from the accident. On February 11, 2009, Hayes filed a complaint in the Circuit Court for Prince George's County asserting a single count of negligence against Pratchett. On October 22, 2010, Pratchett filed a motion for summary judgment arguing that Hayes was precluded from bringing a civil action against Pratchett by the Maryland's Workers' Compensation Statute. Specifically, Pratchett asserted that, as a supervisor performing a nondelegable duty of the employer in the course of his employment, he was immune from civil suit pursuant to Md. Code (1991, 2008 Repl. Vol.),

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