Hataway v. Proctor & Gamble Manufacturing Co.

The following opinion was prepared by

Mr. Justice Robb

and approved by the court during his lifetime:

This appeal by the plaintiff is a tort action for damages for personal injuries by reason of negligence of the defendant was taken from the judgment and order of the trial court sustaining defendant’s motion for summary judgment on the basis that plaintiff’s sole remedy is under the workmen’s compensation act.

Plaintiff’s counsel admits that if plaintiff is a statutory employee as defined in G. S. 1949, 44-503 (a) and (d), now K. S. A. 44-503 (a) and (d), then plaintiff cannot bring this action…