Leeper v. Asmus

CYNTHIA L. MARTIN, Judge.

This case involves a claim of co-employee liability for a workplace injury which occurred between the 2005 and 2012 amendments of the Workers’ Compensation Act (“Act”). Skyler Leeper (“Leeper”) appeals from the trial court’s dismissal of his amended petition for- failure to state a claim. Leeper’s amended petition alleged that co-employee Andy Asmus (“Asmus”) breached a personal duty of care owed to Leeper when Asmus failed to perform his job duties in the safe manner in which he had been directed, causing Leeper’s injuries. Leeper argues that his amended petition…