Marquez v. Rapid Harvest Co.

HATHAWAY, Judge.

This is an appeal from a judgment in a personal injury action entered in favor of the defendant, Joe Macias. The defendant contended and the trial court held that the plaintiff’s exclusive remedy was under the Workmen’s Compensation Act since the defendant was a coemployee of the plaintiff.

While working for the J. W. Olberg Co. in a lettuce harvesting- operation near Will-cox, Arizona, the plaintiff was injured when struck by a truck driven by the defendant Macias, a coemployee. Olberg carried industrial insurance and the plaintiff applied for and received Workmen’s…