Kilpatrick v. Superior Court

STRUCKMEYER, Vice Chief Justice.

Petitioners applied to this Court for 'a writ of certiorari to review the action of the court below in denying their motion for summary judgment. We granted the writ to determine whether under the Constitution and the Workmen’s Compensation Law of Arizona an action may be maintained by an employee for damages against a fellow employee predicated on negligence arising out of and in the course of employment.

A detailed recitation of the facts is unnecessary, it being sufficient to say that respondents Roy Miller and Annie M. Miller are the surviving father and…