Estate of Harvey Ex Rel. Harvey v. Kore-Kut, Inc.

McCullough, Judge.

Defendants, Kore-Kut, Inc. (“Kore-Kut”) and Jerry McLean, appeal from the entry of an order granting plaintiff’s motion to strike or dismiss the defense of employer-appellee SCI Corporation’s (“SCI”), negligence pled in defendants’ answer. We reverse and remand.

This appeal arises from a suit filed against a third party, Kore-Kut and its employee, subsequent to a settlement entered into pursuant to the Workers’ Compensation Act between the estate of Bernard Harvey and the joint employers of the deceased, SCI and Sanford Contractors, Incorporated. The basis of the suit against…