Lupovici v. Hunzinger Construction Co.

The issue is whether a supervisor was a co-employee of the injured plaintiff and liable for causal negligence as a third party under the Worker’s Compensation Act. The trial court overruled a demurrer by third party defendant David Reisig (an employee of Debelak Brothers, Inc.) to the third party complaint of Hunzinger Construction Co. We reverse.

Plaintiff Aron Lupovici was injured, according to the allegations of his complaint against Hunzinger, when he fell through an opening in a platform while connecting roof drains with downspouts in the auditorium of Daniel Webster Junior High School.…