Bolinger v. Kiburz

McCORMICK, Justice.

Plaintiffs in this wrongful death action appeal from summary judgment entered for defendant based on his defense of election of remedies. We reverse and remand because we hold that the defense was not established.

Weldon Bolinger and Rosalee Bolinger brought this action individually and as co-administrators of the estate of their deceased sixteen-year-old son Glen. In their petition they alleged that Glen was illegally employed by defendant Ken Kiburz. They averred that the boy was killed during and within the course of employment on June 26, 1975, when the brakes on…