Herrera v. Phillipps

Enrique Herrera was working for Gilligan’s LLC under the supervision of Robert Phillipps when he was injured. Herrera was an alien who was not authorized to work in the United States at the time of the injury. Herrera filed a lawsuit against Gilligan’s and Phillips, alleging that Defendants were negligent and that, if that Worker’s Compensation Act applied, Phillipps’ conduct was intentional and he was therefore liable as a co-employee. The district court granted summary judgment for Gilligan’s and Phillipps, concluding primarily that there was no genuine dispute as to the material fact that Defendants reasonably believed Herrera was authorized to work in the United States, and therefore, Defendants were immune from suit pursuant to the Act. The Supreme Court reversed, holding that there was sufficient evidence to raise a genuine issue of material fact as to whether Gilligan’s had a reasonable belief that Herrera was authorized to work in the United States and whether Phillipps acted in intentional disregard of a dangerous condition when he instructed Herrera to perform his work. Remanded. View "Herrera v. Phillipps" on Justia Law