Hataway v. Proctor & Gamble Manufacturing Co‪.‬

The following opinion was prepared by This appeal by the plaintiff is a tort action for damages for taken from the judgment and order of the trial court sustaining defendant's motion for summary judgment on the basis that plaintiff's sole remedy is under the workmen's compensation act. Plaintiff's counsel admits that if plaintiff is a statutory employee as defined in G.S. 1949, 44-503 (a) and (d), now K.S.A. 44-503 (a) and (d), then plaintiff cannot bring this action for damages as an ordinary third party tortfeasor.