Rocky Stayton, Plaintiff Below, Appellant v. Clariant Corporation, a Foreign Corporation, and Polymer Color North…

Summary

The Supreme Court of Delaware held that the Workers’ Compensation Act does not bar an employee’s negligence action against the employer when the employer’s alleged liability arises solely from assuming, through a merger, the liabilities of a third-party tortfeasor. Because the complaint alleged that Clariant was liable as Polymer Color’s successor rather than for its own conduct as Stayton’s employer, dismissal was legally erroneous. The judgment was reversed and the matter remanded for consideration of unresolved issues, including duty and limitations.