Duncan v. Brennan

REDMANN, Judge.

A petition alleging that through defendant’s negligence petitioner was injured while working for defendant states some cause of action, although not both a cause of action for tort damages and a cause of action for workers’ compensation. The judgment maintaining the employers’ exception of no cause of action is therefore reversed.

The judgment maintaining the alleged compensation insurer’s exception of no cause of action to defendants’ third-party petition is affirmed. The third-party petition alleged insurance against “any and all workers’ compensation liability,” but there can…