VAN NORTWICK, Judge.
Michael Lowry appeals a final summary judgment entered in his negligence suit against appellees, his alleged employers. In its order granting summary judgment, the trial court ruled, as a matter of law, that Lowry's receipt of workers' compensation benefits both before and for three months after filing suit constituted an election of remedies which barred his tort action. The trial court acknowledges in its order that disputed fact issues remain...
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