AC45341 - Dusto v. Rogers Corp. (“The plaintiff, Lana Kelly, acting in her capacity as executor of the estates of Harold Dusto and his wife, Anita Dusto,1 appeals from the summary judgment rendered in favor of Harold Dusto’s employer, Rogers Corporation (Rogers), and the judgment of dismissal rendered in favor of Special Electric Company, Inc. (Special Electric), which sold asbestos materials to Rogers. On appeal, the plaintiff claims that the court improperly (1) rendered summary judgment in favor of Rogers on the ground that her claims against Rogers were barred by the exclusivity provision of the Workers’ Compensation Act (act), General Statutes § 31-275 et seq., and (2) dismissed her claims against Special Electric for lack of subject matter jurisdiction. We agree with the plaintiff that a genuine issue of material fact exists as to whether her claims against Rogers satisfied the substantial certainty exception to the exclusivity provision of the act, and we therefore reverse the summary judgment rendered in favor of Rogers. We affirm the dismissal of the plaintiff’s claims against Special Electric.”)

• AC45341 - Dusto v. Rogers Corp. — Concurrence & Dissent