Phathong v. Tesco Corporation (US)

ORDER AND JUDGMENT *

MICHAEL R. MURPHY, Circuit Judge.

I. INTRODUCTION

Von J. Phathong was seriously injured while working on a drilling rig in Garfield County, Colorado. Phathong sued Tesco Corporation (“Tesco”), the operator of the drilling rig, alleging a Colorado state-law claim for negligence. 1 Prior to trial, Tesco sought summary judgment on the ground it was immune from common-law negligence liability because, inter alia, it was Phathong’s statutory employer under the provisions of Colorado’s Workers’ Compensation Act. See Colo.Rev.Stat. § 8411-401. The district court denied Tesco’s…