Simons ex rel. Estate of Simons v. Longbranch Farms, Inc.

HUFF, Judge:

In this wrongful death and survival action, Wynonie Simons (Simons), Personal Representative of the Estate of Wynonie Q. Simons, appeals the trial court’s ruling it lacked subject matter jurisdiction to hear the action due to the exclusivity provision of the Workers’ Compensation Act. We reverse and remand.

FACTUAL/PROCEDURAL BACKGROUND

R.C. McEntire, Inc. is a wholesale produce company. As part of its business, R.C. McEntire buys produce such as lettuce and tomatoes from around the country and then trims, cores, cuts, washes, dries, and packages the produce for distribution to fast…