Austin v. Johnston Coca-Cola Bottling Group, Inc.

Royse, J.:

LaToya D. Austin filed a petition for discovery against Johnston Coca-Cola Bottling Group, Inc. Johnston Coca-Cola filed a motion to dismiss, which the district court granted. Austin appeals.

The factual background to this case is undisputed. Austin worked for Able Employment, Inc., (Able) a temporary employment placement service. Able placed Austin at Johnston Coca-Cola in Lenexa, Kansas. While cleaning a bottling machine, Austin was injured.

Austin pursued her workers compensation claim against Able and its insurance carrier, Aetna. During the workers compensation proceedings,…