Davis v. Henry

PUDLOWSKI, Judge.

Leautry B. Davis (Davis) was injured while driving a tractor for Five Star Hauling, Inc., (Five Star). Davis was directed to do so by a general order from the company’s president, Eugene Henry (Henry). After receiving workers’ compensation, Davis brought an action against Henry personally, alleging active negligence on Henry’s part. The trial court granted Henry’s motion to dismiss for lack of subject matter jurisdiction. Because Henry’s actions were not outside the scope of his employment as a supervisor, we affirm the trial court’s dismissal for lack of subject matter…