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THE ACCIDENTAL DISCHARGE OF A FIREARM BY PLAINTIFF’S COWORKER DURING A FIREARMS TRAINING SESSION FOR ARMORED-CAR GUARDS WAS WITHIN THE DEFENDANT COWORKER’S SCOPE OF EMPLOYMENT; WORKERS’ COMPENSATION IS PLAINTIFF’S EXCLUSIVE REMEDY (FOURTH DEPT).

The Fourth Department, reversing Supreme Court, determined plaintiff’s exclusive remedy in this accidental shooting case was Workers’ Compensation. Plaintiff and defendant coworker were both armored-car guards attending a firearms training course required by their employer when plaintiff was shot. When plaintiff and defendant coworker were seated at a table waiting for the course to begin the coworker took out his loaded firearm and it discharged as he attempted to disassemble it. The bullet went through the table and struck plaintiff in the leg:

The record establishes that firearms were permitted in the classroom and that trainees would generally keep the weapons in a holster or a gun box but were prohibited from taking out and handling firearms in the classroom. Defendant was thus attending a mandatory firearms training course at which he was required to have the pistol for which he was seeking certification, the training was directly related to his job duties that involved carrying a firearm, he was permitted to have the firearm in the classroom, and he simply violated a safety rule by handling the firearm in the classroom, thereby causing it to accidentally discharge. Defendant’s violation of the safety provision “was not, in these circumstances, of such type or magnitude as to take . . . defendant out of the scope of his employment” … . In other words, defendant’s conduct constituted a simple lack of reasonable care, i.e., negligence … , and “[t]he Workers’ Compensation Law offers the only remedy for injuries caused by the coemployee’s negligence” … . Guida v Rivera Investigations, Inc., 2022 NY Slip Op 04443, Fourth Dept 7-8-22

Practice Point: During a firearms training course required by plaintiff’s employer, a coworker negligently took out his loaded firearm which accidentally discharged, striking plaintiff. Because the coworker’s actions, although negligent, were within the scope of the coworker’s employment, Workers’ Compensation was plaintiff’s exclusive remedy.

 

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