Warr v. QPS Companies, Inc.

WEDEMEYER, PJ.

¶ 1. James L. Warr and Liberty Mutual Insurance Company appeal from an order dismissing their complaint against QPS Companies, Inc. and Federal Insurance Company, following a grant of summary judgment. Warr contends that the trial court erred in ruling that his claim was barred by the worker's compensation statute. Because the statutory language does not preclude Warr's suit against QPS as a third-party and because whether QPS is liable under a theory of respondeat superior is dependent upon material factual issues, which need to be resolved by a fact finder, the trial court…