Nowlin Ex Rel. Carter v. Nichols

LISA WHITE HARDWICK, Judge.

This appeal arises from the circuit court’s dismissal of a wrongful death claim for lack of subject matter jurisdiction because the Workers’ Compensation Law provided the exclusive remedy. Jade Nowlin, a minor, filed the wrongful death claim alleging that her father’s accidental death was caused by the negligence of his co-worker, Lonnie Nichols. Jade appeals the dismissal, contending the circuit court erred in determining her claim was preempted by the limited immunity for co-employees under the Worker Compensation Law. For reasons explained herein, we affirm the…