DAVIS v. CENTRAL RENT-A-CRANE, INC.

No. 56A03-9507-CV-246.

663 N.E.2d 1177 (1996)

Dawayne DAVIS and Kimberly Davis, individually and as husband and wife, Appellants-Plaintiffs, v. CENTRAL RENT-A-CRANE, INC., et al., Appellees-Defendants.

Court of Appeals of Indiana.

April 16, 1996.


Attorney(s) appearing for the Case

Daniel Ostojic, Sarkisian & Ostojic, P.C., Portage, for Appellants.

Harold Abrahamson, Abrahamson Reed & Adley, Hammond, Hugh C. Griffin, C. Kevin McCabe, Stephanie A. Burris, Lord, Bissell & Brook, Chicago, Illinois, for Appellees.


OPINION

STATON, Judge.

Dawayne Davis ("Davis") and Kimberly Davis appeal a grant of summary judgment in favor of Rick Cole ("Cole") and Central Rent-A-Crane, Inc. ("Central"). Davis presents one issue for our review which we restate as follows: did the trial court err in determining that Davis' claim was barred by the exclusivity provision of the Worker's Compensation Act.

We reverse and remand with instructions to dismiss for lack of subject matter...

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