Gamblian v. City of Parsons

The opinion of the court was delivered by

Abbott, J.:

This is a wrongful death case filed on behalf of three minor children whose father, Charles R. “Rick” Gamblian, died as a result of a tractor accident while working for the City of Parsons, Kansas, pursuant to a contract with the Kansas Department of Social and Rehabilitation Services (SRS).

The trial court granted summary judgment to the defendants, SRS and the City of Parsons, on the theory that the exclusive remedy for Gamblian s death lies in the Workers Compensation Act and that Gamblian was a statutory employee. This appeal followed.

The…