Currier v. Amerigas Propane, LP

737 A.2d 1118 (1999)

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Currier v. Amerigas Propane, LP

New Hampshire Supreme Court
737 A.2d 1118 (1999)

  • Written by Robert Cane, JD

Facts

James Currier (plaintiff) was an employee of Amerigas, Inc. Currier was injured while working at a facility owned by Amerigas Propane, LP (defendant). Amerigas Propane, LP comprised Amerigas, Inc. as general partner and Amerigas Partners, LP as limited partner. Currier received workers’ compensation from his employer, Amerigas, Inc., for his injury. Currier waived his right to bring a tort action against Amerigas, Inc. when he accepted workers’-compensation benefits. Despite this waiver, Currier brought suit against Amerigas Propane for negligence. The lower court granted summary judgment in favor of Amerigas Propane, finding that Amerigas, Inc.’s immunity as Currier’s employer extended to Amerigas Propane as Amerigas Propane’s general partner. Currier appealed to the New Hampshire Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

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