Ross v. Foote

The issue on this appeal is whether Joseph Ross's common-law negligence action against Robert Foote, Jr., a co-employee at the time of Ross's injury, is barred by the co-employee immunity provisions of the Worker's Compensation Act. Ross claims that his action is permitted under an exception to the co-employee immunity rule. This exception provides that one employee may sue another for the negligent operation of a motor vehicle "not owned or leased by the employer." Sec. 102.03(2), Stats.

The trial court rejected Ross's claim that Foote, not the employer, was the lessee of the vehicle for…