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WORTHEN v. KENNECOTT CORP.

No. 85-1331.

780 F.2d 856 (1985)

Jayne WORTHEN, individually and as guardian ad litem for Charissa Worthen and Glen Elliott Worthen, minor children, Plaintiff-Appellant, v. KENNECOTT CORPORATION d/b/a Kennecott, a New York corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 27, 1985.

Attorney(s) appearing for the Case

Christopher M. Mislow, Giauque & Williams (W. Brent Wilcox, of Giauque & Williams and Samuel N. Pappas, Salt Lake City, Utah, with him on the briefs), Salt Lake City, Utah, for plaintiff-appellant.

James B. Lee (Kent W. Winterholler with him on the brief), Parsons, Behle & Latimer, Salt Lake City, Utah, for defendant-appellee.

Before McKAY and MOORE, Circuit Judges, and WEST, District Judge.

McKAY, Circuit Judge.

While working at Kennecott's Magna Concentrator plant, Mr. Worthen was injured when a hook from an overhead crane fell and struck him. Mr. Worthen's fellow employees attempted to render emergency medical services, including transporting him to a hospital in a company-owned and controlled ambulance. The ensuing events had a "keystone cop" quality to them, and, unfortunately, Mr. Worthen died at or about the time he arrived at the hospital.

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