Koscki v. Herbert
Laura C. Koscki was seriously injured when her coworker, Gerald Henry Herbert, negligently operated a tractor-trailer rig, causing it to leave the roadway. Koscki sued Herbert and their employer, Consolidated Freightways Corporation (Consolidated), for her injuries.
The trial court granted Herberts motion for judgment on the pleadings based on his assertion that Kosckis exclusive remedy was workers compensation benefits. The trial court also denied Kosckis request for leave to amend to avoid the exclusivity provisions of the workers compensation statutes. Finally, the trial court also granted judgment in favor of Consolidated for reasons that are unclear from the record.
Court conclude the trial court abused its discretion in refusing to grant Koscki leave to amend her complaint to avoid the exclusivity provisions of the workers compensation statutes. We also conclude the trial court erred in granting judgment in favor of Consolidated. Court, therefore, reverse the judgment.
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