Schweiner v. Hartford Accident & Indemnity Co.

Ervin Schweiner, Christine Schweiner, Crouse-Hinds, and Hartford Accident & Indemnity Company appeal from a summary judgment granted to Thiem Corporation and its insurer, Aetna Casualty & Surety Company. The basis of the judgment is the immunity provided an employer (Thiem) from an employee’s common-law tort action under sec. 102.03(2), Stats., of the Wisconsin Worker’s Compensation Act. Because we conclude that the principle of immunity embodied in sec. 102.03(2) is inapplicable to the facts of this case, we reverse the judgment and order the claims asserted against Thiem reinstated.

FACTUAL…