Kearns v. Brown

VANCE, Judge.

The question is whether a fellow employee has immunity in a common law action for negligent injury brought against him for negligent conduct which might be termed “horseplay” and for which the fellow employee could not recover workers’ compensation benefits for any injury to himself.

This claim arises out of an accident in which appellant’s decedent was a passenger in and appellee was the driver of a motor vehicle. They were engaged in travelling on a direct route from one location to another for their employer. Appellant alleged, and for the purposes of deciding the issue of law…