Cook v. Peter Kiewit Sons Company

A summary judgment should be granted only when there is a clear showing that as a matter of law the loser is not entitled to any relief.1 And in determining this question we should construe all of the facts and circumstances in the light most favorable to the party against whom the summary judgment is awarded.

Under Sec. 35-1-62, U.C.A.1953, if a workman’s compensable injury is caused by the wrongful act or neglect of another person who is “not in the same employment” as the person injured, such injured employee may claim compensation and may also have an action for damages against the person…