Brooks v. Carter

This is an appeal from an order granting defendant’s motion to dismiss on the ground that plaintiff’s cause of action was barred by the Workmen’s Compensation Act (Ill. Rev. Stat. 1977, ch. 48, par. 138.1 et seq.). The issue presented for review is whether an employee who is accidentally injured between workshifts by a co-employee in a parking lot owned and operated by the employer and provided for the use of employees may maintain a common law action for personal injuries against his co-employee. For the reasons which follow, we affirm the order of the trial court dismissing with prejudice…