LAMPADA v. STATE SAND & GRAVEL CO.

Nos. 71, 72.

58 Wis.2d 315 (1973)

206 N.W.2d 138

LAMPADA (James), Plaintiff, v. STATE SAND & GRAVEL COMPANY, Defendant and Third-Party Plaintiff and Respondent: MEDUSA PORTLAND CEMENT COMPANY, Third-Party Defendant: JAHR, Third-Party Defendant and Appellant. LAMPADA (John), Plaintiff, v. STATE SAND & GRAVEL COMPANY, Defendant and Third-Party Plaintiff and Respondent: MEDUSA PORTLAND CEMENT COMPANY, Third-Party Defendant: JAHR, Third-Party Defendant and Appellant.

Supreme Court of Wisconsin.

Decided April 20, 1973.


Attorney(s) appearing for the Case

For the appellant there was a brief by C. Donald Straub Law Office, attorney, and C. Donald Straub of counsel, all of Milwaukee, and oral argument by C. Donald Straub.

For respondent State Sand & Gravel Company there was a brief by John R. Hoaglund, Jr., and Gibbs, Roper & Fifield, all of Milwaukee, and oral argument by Mr. Hoaglund.

For respondent Medusa Portland Cement Company there was a brief by Prosser, Wiedabach, Koppa, Lane & Quale, S. C., of Milwaukee, and oral argument by Jack R. Wiedabach.


ROBERT W. HANSEN, J.

The sole issue raised on this appeal is whether the "exclusive remedy" provision of the workmen's compensation statute1 prohibits an employee from bringing an action for personal injuries against a supervisory co-employee. What is involved is the construction of such "exclusive remedy" section of the Workmen's Compensation Act.

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