GOURLEY v. NIELSON

No. 66426.

318 N.W.2d 160 (1982)

Richard J. GOURLEY, Appellant, v. Ronald NIELSON, Appellee.

Supreme Court of Iowa.

April 21, 1982.


Attorney(s) appearing for the Case

Jack C. Paige of Brown, Kinsey & Funkhouser, Mason City, for appellant.

Jon Stewart Scoles of Warren L. DeVries Law Office, Mason City, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, HARRIS, McGIVERIN, and SCHULTZ, JJ.


LeGRAND, Justice.

The question here is whether plaintiff waived his right to recover from defendant by accepting workers' compensation benefits for injuries received in his employment. The trial court found for defendant on his motion for summary judgment, holding there had been an election of remedies. We reverse and remand for trial.

While employed by Nielson Excavating, Inc., plaintiff suffered injuries which resulted in the amputation of his left thumb...

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