Michael Bennett and Karyn Bennett v. Patriot Carriers, LLC, et al.

Summary

The United States District Court for the District of New Hampshire denied motions to dismiss negligence and loss-of-consortium claims against Patriot Carriers, LLC and related defendants. The court held that the defendants’ affirmative defense under New Hampshire’s workers’ compensation exclusivity statute, RSA § 281-A:8, was premature because the record did not establish with no doubt that the statute barred the claims.

Holdings

1. The defendants' motions to dismiss were denied because the asserted workers' compensation exclusivity defense was premature and the court could not conclude with no doubt that § 281-A:8 barred the Bennetts' claims.

Questions Presented

1. Whether the defendants could establish on a Rule 12(b)(6) motion that New Hampshire Revised Statutes Annotated § 281-A:8 barred the Bennetts' negligence and loss-of-consortium claims.
2. Whether the question of whether a defendant is an employer within the meaning of § 281-A:8 could be resolved on the pleadings and submitted materials.

Disposition

dismissed