Allen v. Garden Orchards, Inc

This wrongful death action was commenced by Lucille R. Allen, as personal representative of her deceased husband, Ray F. Allen, after she had, as his widow, entered into a redemption agreement respecting Garden Orchards, Inc.’s, liability under the workers’ compensation act. The Court of Appeals held that Lucille R. Allen’s "acceptance of the redemption agreement” equitably estopped her from maintaining this action in tort.1 We reverse.

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Ray F. Allen was fatally injured while working on a Garden Orchards’ farm. Lucille R. Allen sought, as his widow, workers’ compensation benefits. Auto-Owners…