Delaware Judge Declines to Reconsider Employer Identity Issue, Tort Remedies

WILMINGTON, Del. — A Delaware state court judge who ruled in April that the family of a worker killed in a grain silo accident was not precluded by the workers’ compensation statute from bringing tort claims against the owner of the silo, which is an affiliate of the company the court found to be the decedent’s employer.

Delaware Superior Court Judge Jerome O. Herlihy ruled May 17 that the court has already considered the arguments raised by Allen Family Foods Inc. in its motion for reconsideration, and he rejected Allen’s contention that the court failed to address all the …