Exclusiveness of Remedy—Injured Employee May Recover from a Coemployee Where the Employer is Not Liable in Respondeat Superior

The Texas Court of Civil Appeals in Ward v. Wright held Article 8306, Section 3, of the Workmen’s Compensation Act precluded a suit for damages by an injured employee against a coemployee only when the coemployee was acting under the direction and control of the common employer when the tort was committed. The author explores the rationale of the Ward court and claims its decision complements both the legislative and judicial history. The author suggests that, following Ward, the injured employee may recover workmen’s compensation benefits and still bring a personal injury action against a coemployee. Respondeat Superior protects the coemployee only if the employer would be liable, aside from the Workmen’s Compensation Act.