Heepke v. Heepke Farms, Inc.

PRESIDING JUSTICE MAAG

delivered the opinion of the court:

Plaintiff, Charles Heepke, appeals from a Madison County circuit court order dismissing his amended complaint with prejudice.

Plaintiff filed this action against defendant, Heepke Farms, Inc., on January 31, 1994, seeking recovery for personal injuries he sustained in a farm truck accident on February 21, 1992. On March 14, 1994, defendant filed a motion to dismiss plaintiff’s complaint, asserting that the fellow servant doctrine precluded plaintiff from imputing his co-worker’s negligence to their common employer under a theory of…