Sullivan v. Scoular Grain Co. of Utah

DURHAM, Justice:

This case comes to us pursuant to rule 41 of the Utah Rules of Appellate Procedure as a question certified from the United States District Court for the District of Utah. Two issues have been accepted on certification:

1. Under the Utah Comparative Fault Act,1 Utah Code Annot. § 78-27-38, et seq., can a jury apportion the fault of the plaintiffs employers that caused or contributed to the accident although said employers are immune from suit under Utah Workers’ Compensation Act, Utah Code Ann. § 35-1-60, et seq.

2. Under the Utah Comparative Fault Act, Utah Code Ann. § 78-27-38,…