DeMoss v. City of Coeur D'Alene

BAKES, Chief Justice.

Plaintiff appellants (DeMoss et al.) brought suit in district court against defendant respondents (City of Coeur d’Alene et al.), seeking recovery for mental anguish *177resulting from exposure to asbestos. The district court granted summary judgment in favor of the city on the following grounds: (1) that the worker’s compensation exclusivity provisions barred any tort recovery; (2) that, in the alternative, the statute of limitations barred any tort recovery; and (3) that plaintiffs could not maintain an action under 42 U.S.C. § 1983 because the city was not acting under…