Rajala v. Doresky

The opinion of the court was delivered by

McFarland, J.:

Plaintiff Kurt K. Rajala was injured when he was intentionally struck by a fellow employee, defendant Phillip E. Doresky. The trial court entered summary judgment in favor of defendant on the basis plaintiff s exclusive remedy was under the Workmen’s Compensation Act (K.S.A. 44-501 et seq.). Plaintiff appeals therefrom.

Before proceeding further the following should be noted. The facts are not in dispute. The parties were both employees of the Welcome Home Restaurant in Johnson County on August 10, 1981, and were on the job when defendant…