STROUP v. RENO

No. 94-430.

530 N.W.2d 441 (1995)

Bernard L. STROUP, Appellant, v. Roy and Sandra RENO, Appellees.

Supreme Court of Iowa.

April 26, 1995.


Attorney(s) appearing for the Case

Robert W. Pratt and Max Schott, Des Moines, for appellant.

Charles E. Cutler and Coreen K. Bezdicek of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, Des Moines, for appellees.

Considered en banc.


McGIVERIN, Chief Justice.

The question here is whether the petitioner employee, Bernard L. Stroup, can have two "bites at the apple" under Iowa Code section 87.21 (1993) by bringing alternate or successive actions against his uninsured employer for petitioner's work related injuries.

We conclude that he cannot because the alternative language in section 87.21 only authorizes an employee an initial choice of a method of recovery, not an entitlement to pursue...

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