Fouchecourt v. Metropolitan Opera Association, 537 F. Supp.2d 629 (S.D.N.Y. 2008).
Federal court grants K& R’s 12(b)(6) motion and dismisses noted opera performer’s personal injury suit for injuries sustained during production of “Falstaff.”
In this matter pending in the Southern District of New York, Judge Denny Chin found plaintiff to be covered by the definition of “employee” within the Workers Compensation Law. The Court found the legislative history cited by K & R to be determinative of the statute’s clear intent to cover performers like plaintiff. The court additionally cited to plaintiff’s receipt of benefits under the Met Opera’s workers’ compensation insurance . It found that Fouchecourt was an “employee” and therefore barred by the exclusivity provisions of the statute from bringing the lawsuit.