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Swiezynski v. Civiello

489 A.2d 634 (1985)

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Swiezynski v. Civiello

New Hampshire Supreme Court
489 A.2d 634 (1985)

Facts

Margaret Swiezynski (plaintiff) was a grocery-store clerk at the Garden Street Superette, owned and operated by Rocco Civiello and William Crawford (defendants) as a partnership. The grocery store was located in a building owned by Civiello and Crawford individually as tenants in common. Swiezynski was injured in the store and started to receive workers’-compensation benefits for her injuries. Swiezynski filed a case against Civiello and Crawford, individually as the landowners, arguing that they breached their duty of care owed to her, causing her injury. Swiezynski argued that her negligence claim should be permissible because Civiello and Crawford owned the grocery store as tenants in common and not in the name of the partnership, meaning the workers’-compensation bar was inapplicable. The court, without reviewing the partnership agreement, dismissed Swiezynski’s action, finding that Civiello and Crawford could not be liable because they were employers within the meaning of the workers’-compensation statute. Swiezynski appealed.

Rule of Law

Issue

Holding and Reasoning (Batchelder, J.)

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