Zehring v. Wickham

Rees, J.:

This negligence action is a workers’ compensation third party action. See K.S.A. 44-504. Defendants Gary Wickham and Ron Wickham are partners doing business as Wickham Glass Company (Wickham). Plaintiff appeals from an adverse summary judgment.

The ground adopted by the trial judge and relied upon by Wickham is that plaintiff’s only remedy against Wickham, if any, is that provided by our Workers’ Compensation Act. K.S.A. 44-501 et seq.

The facts of this case as it comes before us are gleaned from the admitted allegations in plaintiff’s amended petition, the parties’ statements of…