Owens v. Bill & Tony's Liquor Store

In 1950, Owens would have been barred from pursuing a workmen’s compensation claim after having filed his suit. Heskett v. Fisher Laundry & Cleaners Co., Inc., 217 Ark. 350, 230 S.W. 2d 28. It appears that he would have been barred in 1962. Gentry v. Jett, 235 Ark. 20, 356 S.W. 2d 736. Only today has this court even remotely suggested that the doctrine of election of remedies did not apply to a workmen’s compensation claim.

Obviously, I do not agree with the majority’s interpretation of Heskett. As I read it, it did involve the issue of inconsistency of common law and workmen’s compensation…