Wells v. Anderson

Spencer, J.:

This is an appeal by plaintiff from summary judgment entered on the ground that his claim was barred by the exclusive remedy provision of the Workmen’s Compensation Act, K.S.A. 44-501 and K.S.A. 44-504(a).

This issue arises from an accident which occurred November 29, 1979, at the S & S Service Center, an Emporia, Kansas, truck stop. Both plaintiff and defendant were S & S employees. Plaintiff was a part-time employee whose work generally kept him in the service bay area at the back of the station. Defendant was a full-time employee. Most of his duties were confined to the front of…