matte v. vermont transco

Vermont Superior Court
Filed 07/09/21
Caledonia Unit

CIVIL DIVISION
Case No. 128-10-20 Cacv

VERMONT SUPERIOR COURT

Caledonia Unit

1126 Main Street Suite 1
St. Johnsbury VT 05819.
802-748-6600
www.vermontjudiciary.org

Matte vs. Vermont Transco et al

ENTRY REGARDING MOTION

Title: Transco and VELCO Motion for Judgment on the Pleadings (Motion: 3)
Filer: Andrew A. Beerworth
Filed Date: March 17, 2021

The motion is DENIED.

There are insufficient clear and uncontroverted facts in the pleadings to establish a factual basis for a
ruling of law on Transco and VELCO’s claims that they are statutory employers for purposes of
application of the Worker’s Compensation bar against suit. The pleadings of Plaintiff on the one hand
and Transco and VELCO on the other do not meet each other squarely in a manner that establishes the
facts of the relationships with sufficient clarity or detail to make such a ruling. Each describes the
relationships differently, and Defendants do not admit all the allegations of Plaintiff. The court declines
to make the inferences suggested by Transco and VELCO that would be necessary to lead to a legal
conclusion that both were statutory employers of Plaintiff. The network of relationships and obligations
between the multiple parties appears complex and calls for discovery and establishment of facts. For the
reasons more specifically detailed in Plaintiff's Opposition (except for the material on pages 16-17,
which refers to facts outside the pleadings), the motion is denied. This applies to counts IV-VII as well as
counts I-Il.

Electronically signed pursuant to V.R.E.F. 9(d) on July 7, 2021 at 2:19 PM.
Mary iffes Teachout
Superi¥ Court Judge

Entry Regarding Motion Page 1 of 1
128-10-20 Cacv Matte vs. Vermont Transco et al