Stamper v. Johnson

PARRISH, Justice:

INTRODUCTION

¶ 1 The heirs of Sharon Stamper (“Stamper”) appeal the district court’s entry of summary judgment for appellee, Rebecca Johnson (“Johnson”). In entering summary judgment, the district court ruled that the Stampers’ wrongful death claim against Johnson was barred by the exclusive remedy provision of the Workers’ Compensation Act (the “Act”) because Johnson and Stamper were fellow servants at the time of the accident that caused Stamper’s death. The district court erred in so ruling. While the status of Johnson and Stamper as fellow servants would have been…