Looper v. Carroll

LISA WHITE HARDWICK, Judge.

James Looper appeals from the dismissal of his Petition for Damages for lack of subject matter jurisdiction. Looper contends the circuit court erred in determining that he is a “statutory employee” whose exclusive remedy for injuries is under the Workers’ Compensation Law. For reasons explained herein, we reverse the dismissal of the petition.

Factual and Procedural History

On January 22, 1999, Looper was injured while delivering drywall to Todd Carroll’s residence, which was undergoing construction. Carroll, as both owner of the home and general contractor of the…