Stevens v. Colorado Fuel & Iron

CALLISTER, Justice.

Plaintiffs, the heirs at law of Albert W. Stevens, initiated this wrongful death *216action against United States Steel Corporation. Defendant filed a motion to dismiss on the grounds that the plaintiffs failed to state a claim upon which relief could be granted and that under the provisions of Section 35-1-60, U.C.A.1953, plaintiffs’ exclusive remedy was under the Workmen’s Compensation Act. The trial court dismissed the complaint, and plaintiffs appeal.

A complaint does not fail to state a claim unless it appears to a certainty that the plaintiff would be entitled to no relief…