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BURKE v. WILFONG

No. 64A04-9304-CV-118.

638 N.E.2d 865 (1994)

Joe Glenn BURKE, Jr. and Mary Burke, Appellants (Plaintiffs below), v. Mark D. WILFONG, Joseph Hulse and Northern Indiana Public Service Company, Inc., Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

August 16, 1994.

Attorney(s) appearing for the Case

Gary D. Davis, LaPorte, for appellant.

Michael P. Blaize, Heidi B. Jark, Hoeppner Wagner & Evans, Valparaiso, for Joseph Hulse.

Samuel Furlin, Spangler Jennings & Dougherty, Merrillville, for Mark Wilfong.

John McCrum, Eichhorn Eichhorn & Link, Merrillville, for Northern Indiana Public Service Co., Inc.

RATLIFF, Senior Judge.

STATEMENT OF THE CASE

Joe Glenn Burke, Jr., appeals from a judgment in favor of Mark Wilfong and Joseph Hulse claiming that worker's compensation is not his exclusive remedy, and that he is entitled to bring a third party claim. We affirm.

ISSUES

I. Did Burke's injury arise out of and in the course of his employment?

II. Was Burke in the same employ...

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