Workers' Compensation - Exceptions To Exclusivity Provision

Marisco v. Tree Wise Guys, LLC et al., Superior Court, Judicial District of New Haven, Docket No. NNH-CV-22-6122386-S (Nov. 14, 2022).  The plaintiff, in the course of his employment, was working with a coworker and supervisor to cut down a tree.  The plaintiff was operating a chainsaw at the direction of his supervisor, while the plaintiff's coworker operated a pickup truck that was attached to the tree.  The employer, supervisor and coworker were all named defendants.  The supervisor was in charge of the operation; he ordered the coworker to drive the pickup truck away from the tree to pull the tree in the direction of the truck while the plaintiff was cutting a notch in the tree. When the truck pulled the tree, the tree kicked up and landed on the plaintiff's foot, causing bodily injuries.  The defendants moved to strike the plaintiff's claims, arguing that the plaintiff's exclusive remedy was through the Workers' Compensation system.  The plaintiff first argued