Curt Peters and Cheri Peters v. Wady Industries, Inc., and Patrick Terrio

Patricia Breckenridge,' Judge

Curt and Cheri Peters filed a personal injury action against Patrick Terrio, alleging that Mr. Peters was injured at work because Mr. Terrio, a supervisory co-employee, was negligent. The trial court dismissed the Peterses’ claims against Mr.’ Terrio, finding they failed to allege Mr. Terrio owed Mr. Peters a duty outside of their employer’s nondelegable duty to provide a safe workplace. The Peterses appealed, asserting that their petition alleges sufficient facts to support a common law negligence action against Mr. Terrio.

At the time of Mr, Peters’ work-related…