Moreno v. Universal Trusses, Inc.

BASKIN, Judge.

Appellants were injured in a forklift accident which occurred while Universal Trusses was engaged in expanding its warehouse on property it owned. They sued to recover damages from Universal for the negligent operation of the forklift by a Universal employee.

*1222The trial court granted summary judgment for Universal, ruling that the claims were barred by the exclusive remedy provisions of the Workers’ Compensation Act. We disagree and reverse.

To benefit from the workers’ compensation bar, Universal must establish that it was an employer and contractor obligated to secure…