Attorney Larry Drabot recently prevailed in the Wisconsin Court of Appeals with a published decision affirming summary judgment in his favor. The plaintiff was injured by a forklift operated by our client, plaintiff’s co-worker, who was operating a leased forklift on a construction project. The Court of Appeals held that the Fellow Employee Extension in a commercial general liability ("CGL") policy of insurance did not waive the exclusive remedy provision of Wisconsin's Worker’s Compensation Act. It further held that a forklift operated in a construction setting was not a “motor vehicle,” so the plaintiff could not invoke the exclusive remedy exception in Wisconsin's Worker's Compensation Act for the negligence of a co-employee while operating a "non-owned vehicle."
Author: Lawrence J. Drabot
Attorney Larry Drabot recently prevailed in the Wisconsin Court of Appeals with a published decision affirming summary judgment in his favor. The plaintiff was injured by a forklift operated by our client, plaintiff’s co-worker, who was operating a leased forklift on a construction project. The Court of Appeals held that the Fellow Employee Extension in a commercial general liability ("CGL") policy of insurance did not waive the exclusive remedy provision of Wisconsin's Worker’s Compensation Act. It further held that a forklift operated in a construction setting was not a “motor vehicle,” so the plaintiff could not invoke the exclusive remedy exception in Wisconsin's Worker's Compensation Act for the negligence of a co-employee while operating a "non-owned vehicle."