Employee and his spouse filed suit against District of Columbia, seeking damages for negligence, vicarious liability, and loss of consortium related to worker’s fall from the back of a sanitation truck being driven by a co-worker.
The Superior Court granted District’s motion to dismiss. Plaintiffs appealed.
The Court of Appeals held that employee’s claims against the District as a substitute defendant under the Non-Liability Act for a co-worker’s alleged negligence were precluded by the exclusivity provision of the Comprehensive Merit Personnel Act (CMPA).
Employee’s claims against the District of Columbia as a substitute defendant under the Non-Liability Act for a co-worker’s allegedly negligent driving of a sanitation truck were precluded by the exclusivity provision of the Comprehensive Merit Personnel Act (CMPA), which barred employee suits against the District for compensable workplace injuries; the Non-Liability Act did not create an exception to the exclusivity provision of the CMPA.