Kohler v. State Farm Mutual Automobile Insurance Co.

OPINION

PARKER, Judge.

Barry Arnold appeals from a judgment entered in favor of State Farm Mutual Automobile Insurance Company on its summary judgment motion. The trial court held that Arnold had elected his remedy by actively pursuing worker’s compensation benefits and therefore Arnold could not proceed against his co-employee, Steven Kohler, for his alleged negligence, or against Kohler’s insurer. We affirm.

FACTS

Arnold was injured when the truck in which he was a passenger left the road and rolled over. Marvin Quade, owner and operator of Quade Breeder Services, Inc., which is in the business…