Ledbetter v. Savittieri

MOLLOY, Judge.

This is an appeal from a summary judgment denying recovery in a personal injury action brought by a workman for injuries received in the course of his employment against an alleged third party tort-feasor.

The injury for which recovery is sought occurred on March 30, 1964. The workman concedes that he knowingly1 elected to take compensation instead of pursuing his remedy against the third party tort-fea-*66sor, as required by A.R.S. §’ 23-1023’ as that statute then existed:

“A. If an employee entitled to compensation under this chapter is injured or killed by the negligence or wrong…