Connors v. Parsons

OPINION

GERBER, Presiding Judge.

Appellant Margaret Jean Connors (Connors) appeals from summary judgment dismissing appellee Elaine Marie Parsons (Parsons) and her husband from a tort automobile accident suit. The trial court found that by accepting workers’ compensation benefits, Connors waived her right to sue her co-employee Parsons. We hold that before a court can determine that such a waiver occurred, it must first determine whether co-employee Parsons was acting within the scope of employment at the time of the accident, a question which turns here in part on whether there was a business…