from the Delaware Circuit Court The Honorable John M. Feick,
Judge Trial Court Cause No. 18C04-1612-CC-985
ATTORNEYS FOR APPELLANTS David A. Anderson Todd C. Peabody
Anderson & Associates, PC Indianapolis, Indiana
ATTORNEYS FOR APPELLEES Joseph P. Hunter Muncie, Indiana
Storrs W. Downey Jeffrey E. Kehl Bryce Downey & Lenkov,
LLC Chicago, Illinois
OF THE CASE
Appellants-Plaintiffs, Lora and Shawn Brenner (collectively
the Brenners), pursue this interlocutory appeal from the
trial court's dismissal of their claims against
Appellees-Defendants, Ignacio Chavez (Ignacio) and Chavez
We reverse and remand for further proceedings.
The Brenners present us with four issues on appeal, which we
consolidate and restate as: Whether the trial court
improperly dismissed their claims against Ignacio and Chavez
AND PROCEDURAL HISTORY
Lora was an employee of All Steel Carports, Inc., and All
Steel Carports and Buildings, LLC, (collectively All Steel),
whose business premises was located in Munice, Indiana. All
Steel's business premises had been owned by Ignacio, but
ownership of the real estate was transferred to Chavez Real
Estate at some point prior to the instant litigation. Ignacio
had been the president of All Steel Carports, Inc., since
2006 and of All Steel Carports and Buildings, LLC, since
2009. Lora was terminated from All Steel in July 2016.
On December 27, 2016, the Brenners filed a Complaint, which
they amended once, against All Steel, Ignacio, and Chavez
Real Estate, (collectively the Defendants), raising claims of
negligence, gross negligence, wrongful termination, and loss
of consortium based on their allegations that Lora had been
exposed to contaminants during her employ with All Steel
which had made her ill. The Defendants moved the trial court
to dismiss the Amended Complaint, arguing that the trial
court lacked subject matter jurisdiction because all of the
Brenners' claims, apart from the wrongful termination
claim, were barred by the Worker's Compensation Act
(WCA). On September 27, 2017, the trial court granted the
Defendants' motion to dismiss without entering findings
of fact or conclusions of law.
On December 22, 2017, the Brenners filed their Second Amended
Complaint against the Defendants in which they made the
following relevant allegations:
3.  Chavez Real Estate is a domestic Limited Liability
Company. Said Defendant is the "owner" of the real
estate in question.
4. [Ignacio, ] located at 2200 N. Granville Ave[.], Muncie,
Indiana, 47303, was the "former owner" of said real
6. [Lora] was an employee of [All Steel] in Muncie, Indiana
(herein "the Employers").
7. [Shawn] is married to Lora  and has been at all relevant
times relating to this lawsuit.
8.While working for the Defendant Employers and while on the
Defendant owners' property, [Lora] was exposed to extreme
amounts of dust, ...