Moran v. Tomita

The plaintiff, a passenger in defendant’s automobile, brought this action to recover damages for injuries sustained in an automobile accident. Prior to trial, defendant moved to strike the complaint on the ground that at the time of the accident in question the parties were co-employees in the course of their employment and that the Illinois Workmen’s Compensation Act (hereinafter the Act) (Ill. Rev. Stat. 1971, ch. 48, par. 138.1 et seq.) therefore precluded common law recovery. The trial court denied the motion, and the defendant in her answer filed an affirmative defense setting forth the…