Tully v. Estate of Gardner

The opinion of the court was delivered by

Fontron, J.:

This is an action brought by the surviving widow and children of Gerald L. Tully to recover damages for Tully’s death which allegedly resulted from the joint negligence of Terry G. Gardner (now deceased), Donald L. Gray and the Moss Leasing Company, Inc.

The basic issue raised in this appeal is whether the heirs of a deceased employee can maintain a wrongful death action against the estate of a negligent fellow-employee, when both employees were subject to the provisions of the Workmen s Compensation Act.

The controlling facts are not in…