Mary Goheen v. Yellow Freight Systems

DAUGHERTY, District Judge.

This is an appeal from an order of the district court granting summary judgment for the Defendant-Appellee Yellow Freight Systems, holding that its employee became a fellow servant of the Plaintiff-Appellant and Plaintiff-Appellant was thus barred from maintaining a third-party tort action against the Defendant-Appellee by reason of the exclusive remedy provisions of Utah’s workers compensation laws, Utah Code Ann. § 35-1-60. We review the grant or denial of summary judgment de novo. Barnson v. United States, 816 F.2d 549, 552 (10th Cir.1987), cert. denied, 484 U.S.…