SalemNews.com, Salem, MA

Local News

March 15, 2014

SJC throws out suit over caseworker's death

Stephanie Moulton was murdered by resident of group home

(Continued)

The justices concluded that under the state’s workers’ compensation law, only the state could pursue remedies against an employer and that the board members are immune from liability.

In the decision, the court found that the issue was properly being decided prior to trial, and “the director defendants, acting as Moulton’s employer when adopting or failing to adopt the workplace policies at issue, are immune from suit under the exclusive remedy provision of the act for injuries Moulton sustained while acting within the course of her employment.”

“We conclude also that the directors, as Moulton’s employer, owed no fiduciary duty to their employee, and any corrective action for an alleged breach of their fiduciary duty to North Suffolk must be sought by the Attorney General,” the decision, written by Justice Barbara Lenk, said. “The complaint against the director defendants accordingly must be dismissed.”

Regan, who hadn’t yet read the ruling yesterday morning, declined comment.

The suit also named Chappell, who is indigent and in prison, and the state, but there are limits to the amount the family could seek from the government.

Courts reporter Julie Manganis can be reached at 978-338-2521, via email at jmanganis@salemnews.com or on Twitter @SNJulieManganis.

Text Only | Photo Reprints
Local News

AP Video
Diplomatic Push Intensifies to End War in Gaza Obama Offers Condolences at Dutch Embassy Cat Fans Lap Up Feline Film Festival Raw: Lawmakers Scuffle in Ukraine's Parliament The Rock Finds His Inner 'Hercules' Michigan Plant's Goal: Flower and Die Raw: MH17 Passenger Remains in Kharkiv, Ukraine Raw: Israel Hits Gaza Targets, Destroys Mosques ShowBiz Minute: Hoffman, Oberst, Box Office WWII Vet Gets Medals, 70 Years Late Raw: Israel Bombs Multiple Targets in Gaza Veteran Creates Job During High Unemployment Raw: Cargo Craft Undocks From Space Station Widow: Jury Sent Big Tobacco a $23B Message New Orleans Plans to Recycle Cigarette Butts UN Security Council Calls for MH 17 Crash Probe Obama Bestows Medal of Honor on NH Veteran Texas Sending National Guard Troops to Border Hopkins to Pay $190M After Pelvic Exams Taped Foxx Cites Washington 'Circus Mirror'
Comments Tracker