Justia Massachusetts Supreme Court Opinion Summaries

Plaintiff sued defendant, a general contractor at a residential construction site, alleging claims of negligence, cross negligence and/or willful, wanton, or reckless conduct which resulted in the deaths of two employees hired by the subcontractor that was hired by defendant. At issue was whether, pursuant to G.L. c. 152, 23, a general contractor that paid workers' compensation benefits to an employee of an uninsured subcontractor, was immune from liability for common law claims the employee could have against that general contractor. The court held that the plain language of section 23 did not release a general contractor that paid workers' compensation benefits to its uninsured subcontractor's employee and that G.L. c. 152, 18 made clear that suits were not barred against general contractors that were obligated to pay workers' compensation benefits to the uninsured subcontractor's employees. Accordingly, the immunity provided under section 23 did not apply to defendant and therefore, the court vacated summary judgment in favor of defendant and remanded for further proceedings.