Russell v. Able

OPINION

HOWERTON, Judge.

Brenda Russell appeals from a summary judgment in the Jefferson Circuit Court dismissing her action for negligence and battery against Carol Able. The trial court held that because Russell had received workers’ compensation benefits for her injuries, Able, as a co-employee, was immune from suit. We disagree and remand for further proceedings.

Russell and Able were both employed as teachers at Barrett Middle School. Russell alleged that on February 9, 1993, as she was standing in a hallway at the school, Able approached her from behind and intentionally placed her knee to…