Olmstead v. Shakespeare

Charles and Joanna Olmstead appeal the order of the circuit court dismissing their tort actions against Shakespeare. The circuit court held that Olmstead was Shakespeare’s statutory employee and thus barred by the exclusive remedy provision of the Workers’ Compensation Act. We reverse and remand.

FACTS/PROCEDURAL HISTORY

Olmstead is the owner-operator of a truck-trailer combination used for long distance hauling of goods and materials. He leased his equipment to Hot Shot Express, which provided his tags, ICC licensing, and placards. He was paid by Hot Shot based on the miles he drove. Hot Shot…