Kruse v. Schieve

Appellant demurred on the ground that the exclusive remedy provision 1 of the Workmen’s Compensation Act bars a third-party action against a corporate officer for acts done as an officer of the corporation. Appellant concedes that such third-party action may be brought against a coemployee for breach of a common-law duty to exercise ordinary care 2 but reads this complaint as directed against a corporate officer as such officer, and not as a coemployee.

Respondents counter by contending that “whether the complaint alleges that Schieve was guilty of negligence as a coemployee, or as an officer…