Marlow v. Maple Manor Apartments

Spencer, J.. Plaintiff appeals from the sustaining of a motion for summary judgment dismissing her personal injury action. The trial court held plaintiff’s action was barred by section 48-148, R. R. S. 1943, because the plaintiff had previously filed a claim against defendant in the Workmen’s Compensation Court, We reverse.

Section 48-148, R. R. S. 1943, provides as follows: “If any employee, or his dependents in case of death, of any employer subject to the provisions of sections 48-109 to 48-147 files any claim with, or accepts any payment from such employer, or from any insurance company…