Davis v. Solomon

CLAY, Commissioner.

This civil action was brought against an employer to recover damages for the death of an employee. The complaint was dismissed on defendant’s motion for summary judgment.'

For the purposes of this appeal the facts are not in dispute, and the question presented is one of law. That question is whether or not the acceptance of the provisions of .the Workmen’s Compensation Act by the employer and employee bars an action for wrongful death under KRS 411.-130 by the.employee’s representative when the latter’s death, occurring four years after an accident and resulting from a…