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Court Reverses Grant of Summary Judgment for 3rd Time in Same Case

By WorkCompCentral

Friday, April 21, 2017 | 574 | 0 | 0 min read

Three times was not the charm for a dispute between an injured worker and his uninsured employer that has gone up to the appellate court on three occasions, as the court again said the case could not be resolved on summary judgment. Case: Rosario v Montalvo & Son Auto Repair Center, No. 2015-04955, 04/12/2017, published. Facts and procedural history: Luis Rosario worked for the Montalvo & Son Auto Repair Center. He filed a tort claim against the company after he allegedly injured his finger while using a Montalvo tow truck. Montalvo raised affirmative defenses of cont...

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