Baker v. Redystick Products Co.

PIERCE, Judge.

Plaintiff appeals the dismissal with prejudice of his complaint for negligence arising from an industrial accident. We reverse and remand.

On April 28, 1980, plaintiff was injured while operating a printing press as an employee of defendant. Defendant and plaintiff apparently shared the mistaken belief that defendant had workmen’s compensation insurance coverage in force at the time of the accident. Based on this belief, plaintiff filed a workmen’s compensation claim, and defendant advanced plaintiff certain amounts for wage benefits and medical bills against plaintiff’s…