United States District Court, D. Massachusetts
MILTON B. ADAMS, Plaintiff,
NEW ENGLAND SCAFFOLDING, INC., Defendant.
MEMORANDUM AND ORDER ON THIRD PARTY DEFENDANT'S
MOTION TO DISMISS
Dennis Saylor IV United States District Judge.
a negligence action arising out of a workplace injury. Milton
B. Adams, while working as an employee of Rockwood
Corporation, was injured at a work site in East Haven,
Connecticut. He fell approximately 40 feet from scaffolding
that had been at least partially constructed by New England
Scaffolding, Inc. (“NES”). Adams filed a
negligence claim against NES, alleging that the scaffolding
was constructed in a negligent and unsafe manner. That claim
was subsequently settled by Lexington Insurance Company, the
insurance carrier for NES. Lexington, as subrogee of NES and
third-party plaintiff, now seeks contribution and
indemnification from third-party defendant Rockwood for the
amount of that settlement. Lexington contends that Rockwood,
as Adams's employer, was responsible for safety at the
has moved to dismiss for lack of personal jurisdiction. For
the following reasons, that motion will be granted.
otherwise noted, all facts are stated as set forth in the
August 2011, Rockwood contracted with NES to erect an
exterior scaffolding skeleton around the Saltonstall Water
Tower in East Haven, Connecticut. (Compl. ¶ 3). Rockwood
is both incorporated and has its principal place of business
in New York. (Compl. ¶ 2). NES is both incorporated and
has its principal place of business in Massachusetts. (Compl.
completed the scaffolding in early October 2011. (Compl.
¶ 4). Two weeks later, Milton B. Adams, a Rockwood
employee and Massachusetts resident, fell approximately 40
feet from the scaffolding. (Compl. ¶¶ 5, 18). He
was not wearing a safety harness at the time of the accident.
(Compl. ¶ 6).
October 2013, Adams filed a lawsuit against NES in this Court
alleging negligence in the construction of the scaffolding.
(Compl. ¶ 10). In January 2016, Lexington Insurance
Company, the insurance carrier for NES, settled that lawsuit.
(Compl. ¶ 12).
November 2011, Adams began receiving worker's
compensation payments from Rockwood through its compensation
carrier, ABC Compensation Trust. (Compl. ¶ 13). Those
payments were terminated in February 2014, when Rockwood
concluded that Adams was not entitled to receive worker's
compensation from its carrier. (Compl. ¶ 14, 16).
Rockwood argued that ABC did not provide coverage for work
performed outside of New York and, because Adams was a
resident of Massachusetts and because the accident occurred
in Connecticut, he was not covered under Rockwood's
worker's compensation coverage. (Compl. ¶ 17, 18).
March 18, 2016, Lexington filed a complaint in this Court,
seeking (1) contribution from Rockwood for its proportional
share of Adams's settlement and (2) indemnification from
Rockwood in the full amount of the settlement, plus costs and
attorneys' fees. On April 1, 2016, Lexington and NES
jointly moved to consolidate this case with the originally
filed case brought by Adams against NES pursuant to
Fed.R.Civ.P. 42. The Court granted that motion. On June 8,
2016, Rockwood filed its first responsive pleading in the
case, moving to dismiss the complaint for lack of personal
district court considers a motion to dismiss for lack of
personal jurisdiction without first holding an evidentiary
hearing, a prima facie standard governs its
determination. United States v. Swiss Am. Bank, 274
F.3d 610, 618 (1st Cir. 2001). In conducting a prima
facie analysis, the court is required to take specific
facts affirmatively alleged by the plaintiff as true (whether
or not disputed), construing them in the light most favorable
to the plaintiff; the court, however, should not credit
“conclusory allegations or draw farfetched
inferences.” Ticketmaster-N.Y. v. Alioto, 26
F.3d 201, 203 (1st Cir. 1994). Although the court will
construe the facts in the ...