LeFever v. Stultz
Plaintiff Kleon M. LeFever and defendant Ralph Stultz, both assistant general counsel at North American Philips Corporation, were involved in an incident in 1977. Stultz, intoxicated, lost balance and fell, dragging LeFever, who severely injured his right eye. LeFever received workers' compensation benefits. Subsequently, LeFever sued Stultz, whose answer included a Workers' Compensation Law defense. Special Term initially granted LeFever's motion to strike this defense. The appellate court found that Special Term erred, concluding there is a triable issue of fact regarding whether Stultz was acting in the course of his employment, despite his intoxication. Therefore, Stultz's Workers' Compensation Law defense is reinstated, and the plaintiffs' motion to strike is denied.