Rosander v. Larsen

CALLISTER, Justice.

Plaintiff was injured while working on a home which was being built by the defendant contractor for the plaintiff. Plaintiff, in his amended complaint, set forth three alternative causes of action: the first two in negligence and the third under the Workmen’s Compensation Act. 1 At the pretrial hearing the lower court, upon motion of the defendant and over plaintiff’s objection, required plaintiff to make an election as between the three causes. Plaintiff elected the third, whereupon the court granted defendant’s motion to dismiss.

Rule 8(e) of our Rules of Civil Procedure 2…