Sullivan v. Scoular Grain Co. of Utah
Utah Supreme Court
853 P.2d 877 (1993)
Kenneth Sullivan (plaintiff) lost his arm and leg in a railroad accident while working, and sued his employers, the Scoular Parties, along with several railroad and equipment companies (defendants); the district court found the Scoular Parties immune from suit under workers' compensation and dismissed them. Defendant Trackmobile then sought to have the jury apportion fault among all originally named defendants, including the immune Scoular Parties, and the district court certified to the Utah Supreme Court the question of whether a jury may apportion fault to employers immune under workers' compensation law.
Whether a court may apportion the fault of nonparty employers under state comparative fault law, notwithstanding their immunity under a workers' compensation statute.