Simmons v. Atlas Vac MacHine Co.

DECISION AND ORDER

REYNOLDS, Chief Judge.

This is a diversity action seeking damages for personal injuries suffered by the plaintiff while operating a machine manufac tured by the defendant Atlas Vac Machine Company. Named as a third party defendant is Myro, Inc. (“Myro”), a Wisconsin corporation on whose premises plaintiff was working when the accident occurred. The third party defendant has moved for summary judgment on the ground that all claims against it are barred by the Wisconsin Workmen’s Compensation Act. For the reasons stated below, the motion will be granted.

Section 102.03(2) of the…