United States Tenth Circuit

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.

Appellate Information

• Decided 08/25/2004
• Published 08/25/2004

Judges

• BRISCOE, Circuit Judge., Before SEYMOUR, BRISCOE, Circuit Judges, and PAYNE, Chief District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• 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.