McCormick v. Caterpillar Tractor Co.

I dissent because I take a view different from that of the majority of Caterpillar’s role in the malpractice that aggravated McCormick’s original injury. My appraisal is that Caterpillar’s conduct in employing doctors to provide medical services generated obligations other than those flowing from Caterpillar’s role as McCormick’s employer. I believe the dual-capacity exception to the exclusive-remedy provision of the Workmen’s Compensation Act should apply.

It is significant to point out that when McCormick went to Caterpillar’s doctors for treatment the relationship was entirely voluntary.…