Even if defendant had actually plowed the parking lot on the day in question, but left unplowed the spot on which plaintiff fell, the workers' compensation immunity would attach. Nothing in plaintiff's complaint, or the factual showing made in response to the motion for summary judgment, demonstrates a personal duty on defendant apart from the duty of the employer, Hartford Oil Company, to provide plaintiff a safe place in which to work. Summary judgment is appropriate where no genuine issue of material fact exists, and the moving party is entitled to judgment as a matter of law. See Nationwide Mut. Although there are factual differences in this case, no genuine issue of material fact exists.
Defendant is entitled to judgment as a matter of law.
Only three other states, Arkansas, Missouri and Maryland, now limit immunity to employers only. Each of these states has adopted the Wisconsin rule, as described in the text. Much of the law in this area has been made in states, like Wisconsin, which no longer allow a co-employee suit by a worker who has received workers' compensation. Kruse applies to any supervisory employee who is discharging a responsibility of the employer. See Zurich Ins.