Bennett et al v. Patriot Carriers, LLC et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Michael Bennett and
Karyn Bennett
v. 	Case No. 1:25-cv-260-PB-AJ
Opinion No. 2026 DNH 007
Patriot Carriers, LLC, et al.
MEMORANDUM AND ORDER
Michael and Karyn Bennett have brought negligence and
loss-of-consortium claims against Patriot Carriers, LLC, Outdoor Living
Supply, LLC, and Outdoor Living Supply Holdings, LLC, among others. Doc.
1-1 at 8-17, 23-25. These three defendants have filed motions to dismiss
pursuant to Federal Rule of Procedure 12(b)(6), alleging that the Bennetts’
claims are barred by New Hampshire Revised Statutes Annotated (RSA)
§ 281-A:8. Doc. 7; Doc. 16. I deny the defendants’ motions on the ground that
they are premature.
Section 281-A:8 prevents an employee from suing their employer for
injuries covered by the employer’s workers’ compensation insurance. RSA
§ 281-A:8(I). It extends the same limitation to the employee’s spouse. Id.
§ 281-A:8(II). The defendants thus allege that the Bennetts are barred from
bringing their claims because Michael was injured in the scope of his
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employment by the defendants and received workers’ compensation benefits
for his injuries.
As I have explained, “[w]hether an entity is an employer within the
meaning of § 281-A:8 is a question of fact on which the defendant bears the
burden of proof.” Dumais v. United States, 2023 DNH 101, 2023 WL 5237904,
at *3 (D.N.H. Aug. 15, 2023) (citation omitted). And because the defendants
bear the burden of proof on this affirmative defense, they cannot prevail on a
motion to dismiss reliant on it unless there is “no doubt that the plaintiff’s
claim is barred by the raised defense.” Monsarrat v. Newman, 28 F.4th 314,
318 (1st Cir. 2022) (citation modified).
Here, even considering all the additional materials submitted by the
defendants in support of their motions, I cannot conclude that they are with
“no doubt” entitled to the benefit of § 281:A:8. Id. Accordingly, their motions
to dismiss (Doc. 7 and Doc. 16) are denied.
SO ORDERED.
/s/ Paul J. Barbadoro
Paul J. Barbadoro
United States District Judge
January 21, 2026
cc: 	Counsel of Record
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