Holder v. Waldrop

MINER, Judge.

In this personal injury action, appellant, Willis Holder1, appeals from a summary final judgment entered in favor of appellee Phillips and Jordan, Inc. finding that Holder was precluded, as a matter of law, from bringing a tort action against appellee because he had claimed and accepted workers’ compensation benefits, thereby electing his remedy for in*1060juries received while in the employ of Phillips and Jordan. Because we find that disputed material facts exist which make summary judgment in favor of appellee inappropriate, we reverse and remand for further consistent proceedings.

T…