Averett v. Grange

RUSSON, Justice:

Plaintiff Judy Averett appeals from the trial court’s entry of summary judgment dismissing her wrongful death action against Timothy L. Grange on the ground that the action was barred by the exclusive remedy provision of the Utah Workers’ Compensation Act. We affirm.

FACTS

This case arose out of a work place accident on July 5, 1988, which resulted in the death of Glen A. Averett. While employed by Geneva Rock Products, Inc. (Geneva Rock), Averett was fatally injured when Grange accidentally backed a ten-wheel dump truck over him at a Geneva Rock job site.

Prior to the accident,…