Burgess v. Erickson

This is an appeal from a summary judgment entered for defendant, Allyn Erickson, on a motion in bar of a cause by plaintiff, Edsel Burgess, to recover for personal injuries allegedly caused by defendant’s negligence. By affirmative defense, defendant asserted that the incident complained of arose out of and in the course of the joint employment of the parties by a common employer operating under the provisions of the Workmen’s Compensation Act, and that this common-law cause was therefore barred by § 5(a) of that Act (Ill Rev Stats, c 48, § 138.5 (a)). Plaintiff denied the applicability of…