BOLINGER v. KIBURZ

No. 61080.

270 N.W.2d 603 (1978)

Weldon BOLINGER and Rosalee Bolinger, as Co-administrators of the Estate of Glen Bolinger, Deceased, Weldon Bolinger and Rosalee Bolinger, Appellants, v. Ken KIBURZ, Appellee.

Supreme Court of Iowa.

October 18, 1978.


Attorney(s) appearing for the Case

Robert W. Reynoldson, of Reynoldson, Van Werden, Kimes & Reynoldson, Osceola, for appellants.

Richard G. Santi, of Ahlers, Cooney, Dorweiler, Haynie & Smith, Des Moines, for appellee.

Considered by REES, P. J., and HARRIS, McCORMICK, McGIVERIN, and LARSON, JJ.


McCORMICK, Justice.

Plaintiffs in this wrongful death action appeal from summary judgment entered for defendant based on his defense of election of remedies. We reverse and remand because we hold that the defense was not established.

Weldon Bolinger and Rosalee Bolinger brought this action individually and as co-administrators of the estate of their deceased sixteen-year-old son Glen. In their petition they alleged that Glen was illegally employed by defendant...

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