Castro v. Salem Truck Leasing, Inc.
The defendants, Salem Truck Leasing, Inc., and Jose E. Cofresi, appealed an order denying their motion for summary judgment in a personal injury action. The plaintiff was a passenger in a truck operated by Cofresi and owned by Salem, and both were co-employees involved in an accident during their employment. The appeals court modified the order, granting summary judgment dismissing the complaint against Cofresi, citing Workers' Compensation Law co-employee immunity. However, the court affirmed the denial of summary judgment for Salem Truck Leasing, Inc., as a triable issue of fact existed regarding Salem's alleged independent negligence in maintaining the truck.