Smith v. Horn

The dispositive question in this appeal is whether, under the Workers’ Compensation Act, an injured employee of one independent contractor is barred from bringing a common-law tort action against an employee of another independent contractor engaged by the same owner.

Carl E. Smith filed his motion for judgment against Daniel Emory Horn and Freddie Rife, alleging that he was injured in a three-vehicle accident proximately caused by the negligence of Horn and Rife. Horn filed a special plea that Smith’s law action against him was barred by the Workers’ Compensation Act because Smith and Horn…