McKinney v. Davis

OPINION

STEPHENSON, Justice.

Mr. McKinney (“plaintiff”) filed this action asserting himself to be a third party beneficiary of a contract which required his employer, Mr. Davis (“defendant”) to purchase workmen’s compensation insurance. He alleged that he had been injured in the course of his employment and was entitled to damages. The trial court, sitting without a jury, determined that the plaintiff was a third party beneficiary of the contract in question and awarded him damages measured by the benefits specified in the Workmen’s Compensation Act. Defendant appealed and plaintiff has…