Troup v. Fischer Steel Corp.

OPINION

in which WILLIAM M. BARKER, C.J., and CORNELIA A. CLARK and GARY R. WADE, JJ. joined.

The plaintiff in this case suffered an on-the-job injury and filed a tort claim against the third-party defendant. We granted review to determine whether the third-party defendant is entitled to argue the comparative fault of a principal contractor who is an employer for purposes of the Workers’ Compensation Law. We conclude that the third-party defendant may not argue the comparative fault of a principal contractor even if the principal contractor does not have a subrogation interest in the plaintiffs…