Gourley v. Nielson

LeGRAND, Justice.

The question here is whether plaintiff waived his right to recover from defendant by accepting workers’ compensation benefits for injuries received in his employment. The trial court found for defendant on his motion for summary judgment, holding there had been an election of remedies. We reverse and remand for trial.

While employed by Nielson Excavating, Inc., plaintiff suffered injuries which resulted in the amputation of his left thumb and attached tendons. He was paid approximately $14,000 under the Workers’ Compensation Act.

He brought this action under section 85-22, The…