While David Shumway and Justin Kelley were at work, Kelley supposedly snuck up, body-checked and injured Shumway.
After Shumway filed a personal-injury case against Kelley, the latter asked for the dispute's dismissal, claiming Shumway was only entitled to workers' compensation benefits.
When the Genesee County Supreme Court granted Kelley's request, Shumway appealed to the Appellate Division, Fourth Department.
Because Kelley failed to show his actions were within the scope of his employment, the AD4 reinstated the case.
"To be the man, you have to beat the man."
To download a copy of the Appellate Division's decision, please use this link: Shumway v. Kelley