SULLIVAN V. SCOULAR GRAIN CO. OF UTAH 853 P.2d 877 (1993) CASE BRIEF

SULLIVAN V. SCOULAR GRAIN CO. OF UTAH

853 P.2d 877 (1993)

NATURE OF THE CASE: Sullivan (P) was injured on the job and filed suit against employer, railroad, manufacturer, and others. Several of the defendants were dismissed from the lawsuit prior to trial. Trackmobile (D) filed a motion to have the jury apportion and compare the fault of all originally named defendants, whether dismissed or present at trial, and the question was certified for review.

FACTS: P lost his left arm and left leg in an accident on the railroad tracks at the Freeport Center. P was assigned to unload grain from rail cars into warehouses. He was employed by Scoular Grain Company, Freeport Center Associates, and Scoular Grain Company of Utah ('the Scoular parties'). P filed this action against the Scoular parties, Union Pacific Railroad Company, Denver & Rio Grande Western Railroad Company, Oregon Short Line Railroad Company, Utah Power & Light Company, Trackmobile, Inc., and G.W. Van Keppel Company. The federal district court found the Scoular parties immune from P's claim under the exclusive remedy provision of Utah's Workers' Compensation Law and dismissed them from the action. That court also found that defendant Denver & Rio Grande Western Railroad had no legal duty to P and dismissed it from the lawsuit. The remaining defendants in the case are Utah Power & Light, Trackmobile, G.W. Van Keppel, Union Pacific Railroad, and Oregon Short Line Railroad. Trackmobile (D) moved to have the jury apportion and compare the fault of all the originally named defendants, whether dismissed or present at trial. P opposed this motion, claiming that only the fault of parties who are defendants at trial may be compared. The district court certified the question.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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