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OLIVERAS v. CARIBOU-FOUR CORNERS, INC.

No. 15978.

598 P.2d 1320 (1979)

Gloria OLIVERAS, Marcus A. Oliveras, Noemi Sanchez and Luana Sanchez, State Insurance Fund, Trustee, Plaintiffs and Appellants, v. CARIBOU-FOUR CORNERS, INC., and LeRoy N. Kemry, Defendants and Respondents.

Supreme Court of Utah.

July 25, 1979.

Attorney(s) appearing for the Case

Robert B. Hansen, Atty. Gen., Robert D. Moore and M. David Eckersley of Black & Moore, Salt Lake City, for State Ins.

C.C. Patterson, Ogden, for Sanchez.

Darwin C. Hansen, Bountiful, for Oliveras.

Francis M. Wikstrom, Ogden, J. Anthony Eyre, Salt Lake City, for defendants and respondents.

STEWART, Justice:

The Utah Wrongful Death Statute provides that heirs or the personal representative of the deceased, on behalf of the heirs, may sue for damages caused by a wrongful death. The Utah Workmen's Compensation Act provides that the defendants of a workman killed in the course and scope of his employment are entitled to certain compensation benefits. These benefits are paid by the employer or his insurance carrier. In this case the insurer sought to be...

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