Oaks v. McQuiller

OPINION

ESPINOSA, Judge.

¶ 1 Plaintiff/appellant Elmer Oaks appeals from a summary judgment granted in favor of defendanf/appellee Randal J. McQuiller in Oaks’s personal injury action. For the reasons set forth below, we vacate and remand.

Facts and Procedural Background

¶ 2 The facts in this case are not in dispute. Oaks and McQuiller were involved in an automobile accident in which Oaks was injured. At the time of the collision, Oaks was acting in the course and scope of his employment but did not apply for workers’ compensation benefits, although he had not opted out of the workers’…