Fryman v. Electric Steam Radiator Corporation

HOGG, Justice.

This is an action to recover damages for personal injuries brought pursuant to KRS 342.015(2). The portion material to this case reads as follows:

“* * * If injury or death results to an employe through the deliberate intention of his employer to produce such injury or death, the employe or his dependents may take under this chapter, or in lieu thereof, have a cause of action at law against the employer * * *. If a suit is brought under this section, all right to compensation under this chapter shall thereby be waived as to all persons. * * *”

A motion to dismiss the complaint,…