ELLIOT v. TURNER CONSTR. CO., 03-1209
In a construction accident, judgment against defendant-B&C Steel is affirmed as the district court correctly held that it owed plaintiff a duty of care. However, the jury verdict against defendant-Turner Construction is reversed since it was plaintiff's statutory employer and immune from suit.
- Decided 08/25/2004
- Published 08/25/2004
BRISCOE, Circuit Judge., Before SEYMOUR, BRISCOE, Circuit Judges, and PAYNE, Chief District Judge.
United States Tenth Circuit
Peter H. Doherty, Overturf & McGath, P.C., Denver, CO, for the defendants-appellants., Diane Vaskdal Smith (Holly Baer Kammerer with her on the brief), Burg Simpson Eldredge Hersh & Jardine, P.C., Englewood, CO, for the plaintiff-appellee.