MENZA, J.S.C.
This is a motion for summary judgement. The issue is the validity of the dual capacity doctrine in Workers' Compensation cases.
The defendant is the owner of real estate in which it operates a smelting and refining business. The plaintiffs, employees of the defendant, were injured during the course of their employment as a result of an explosion, which they claim was caused by the defendant's negligent operation and maintenance of the premises...
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