Wagner v. Continental Casualty Co.

The circuit court awarded Robert J. Wagner, the plaintiff, damages for injuries sustained when he fell through the roof of a building owned by Harold H. Klein and Randy Klein, the defendants. We reverse the judgment.

This case comes to us on certification by the court of appeals pursuant to sec. 808.05(2), Stats. We granted certification to determine under what circumstances an employee who has received worker’s compensation benefits from his employer, an independent contractor, may maintain a tort action against the independent contractor’s employer.

We conclude that an employee of an…