Smith v. Iversen

ZIMMERMAN, Justice:

Daniel B. Smith appeals from the lower court’s summary judgment against him on his personal injury claim against Monroe Iversen. The district court rejected Smith’s claim that Iversen, a co-employee, could be held personally liable to Smith for injuries inflicted when Iversen backed into him with a dump truck. Smith argues that the exclusive remedy provision of the Utah’s Workers’ Compensation Act, Utah Code Ann. § 35-1-60, does not preclude Iversen from being held liable to a fellow employee if Iversen is sued in his separate capacity as an owner and lessor of the dump…