Pizza Hut of America, Inc. v. Keefe

The respondents Ray and Paula Keefe brought this action against Pizza Hut of America, Inc., Orson Thomas and Ronald Pulda (collectively “petitioners” or “Pizza Hut”), seeking damages for the wrongful death of their child, Shanae Keefe. The trial court ruled that the damage claims were *99barred by the exclusive remedy provision of the Colorado Workers’ Compensation Act, section 8-41-102, 3B C.R.S. (1994 Supp.) (the “Act”). The court of appeals held that the exclusive remedy provision did not apply to the wrongful death claim because the wrongful death of the child was not “for and on account of’…