Court Says Workers Comp Judgment Bars 2nd Suit Against Building Manager

BOSTON - A Massachusetts appellate court has affirmed summary judgment for a building manager who successfully argued that a prior workers' compensation ruling shielded him from toxic tort claims by a commercial tenant's employee. Supeno v. Equity Office Properties Management LLC, No. 06-P-1357 (Mass. Ct. App.).

The Court of Appeals ruled on Oct. 11 that a trial court correctly applied the doctrine of defensive collateral estoppel after concluding that there was no evidence of causation.

Barbara Supeno filed a negligence lawsuit against building manager Equity Office Properties Management and two contractors, while simultaneously pursuing a workers' compensation action against her …