KOHLER v. STATE FARM MUT. AUTO. INS. CO.

Nos. C3-87-792, C9-87-845.

416 N.W.2d 469 (1987)

Steven KOHLER, et al., Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

December 15, 1987.


Attorney(s) appearing for the Case

Amy L. Borgeson, Law Office of Louis D. Bass, Minneapolis, for appellants.

Michael J. Ford, Quinlivan, Sherwood, Spellacy & Tarvestad, P.A., St. Cloud, for respondent.

Heard, considered and decided by PARKER, P.J., and NIERENGARTEN and RANDALL, JJ.


OPINION

PARKER, Judge.

Barry Arnold appeals from a judgment entered in favor of State Farm Mutual Automobile Insurance Company on its summary judgment motion. The trial court held that Arnold had elected his remedy by actively pursuing worker's compensation benefits and therefore Arnold could not proceed against his co-employee, Steven Kohler, for his alleged negligence, or against Kohler's insurer. We affirm.

FACTS

Arnold was injured when...

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