Napper v. ABM Janitorial Servs.
Annotate this CaseKesha Napper, one of Kastle Systems' employees, slipped during work hours in the lobby of the building owned by Kastle. Napper filed suit alleging negligence against the janitorial services companies who cleaned the building and the property management company (Defendants). Defendants filed a plea in bar, arguing that because Napper had been receiving workers' compensation benefits in connection with her injury, Napper's claims were barred by the workers' compensation exclusivity provision of the Workers' Compensation Act. The trial court sustained Defendants' plea in bar and dismissed Napper's complaint with prejudice, finding that Napper and Defendants were statutory co-employees for purposes of the workers' compensation scheme. The Supreme Court reversed, holding that the trial court erred in sustaining Defendants' plea in bar because Napper's action against Defendants was not barred by the workers' compensation exclusivity provision in the Act, as, (1) under Floyd v. Mitchell, Defendants were other parties as contemplated by the Act and strangers to Kastle's particular business of operating a call center; and (2) thus, Defendants and Napper were not statutory fellow employees. Remanded.
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