PATE v. MARATHON STEEL CO.

No. 20485.

777 P.2d 428 (1989)

Rita L. PATE, Plaintiff and Appellant, v. MARATHON STEEL COMPANY, an Arizona corporation, Hensel-Phelps Company, a Colorado corporation, and Erico Products, Inc., an Ohio corporation, Defendants and Appellees. MARATHON STEEL COMPANY, Third-Party Plaintiff, v. PLACERS, INC., Third-Party Defendant.

Supreme Court of Utah.

June 6, 1989.


Attorney(s) appearing for the Case

Wilford A. Beesley, Jack Faircough, Salt Lake City, for plaintiff and appellant.

Jay E. Jensen, William J. Hansen, Salt Lake City, for Marathon Steel Co.

D. Gary Christian, Salt Lake City, for Hensel-Phelps Co.

Scott W. Christensen, Salt Lake City, for Erico Products, Inc.

Robert W. Brandt, Michael E. Dyer, Salt Lake City, for Placers, Inc.

W. Brent Wilcox, Roger D. Sandack, Edward B. Havas, Salt Lake City, for amici curiae Utah Chapter AFL-CIO and United Mine Workers of America, District 22.

James B. Lee, James M. Elegante, T. Patrick Casey, Salt Lake City, for amici curiae Utah Mfrs. Ass'n, Utah Petroleum Ass'n, and Utah Mining Ass'n.


HOWE, Associate Chief Justice:

Plaintiff Rita Pate seeks reversal of a summary judgment granted by the trial court to defendants Marathon Steel Company and Hensel-Phelps Company.

Pate was an apprentice-trainee ironworker who was hired by Placers, Inc., in June 1980, to assist in the construction of the Cove Fort Canyon overpass on Interstate Highway 15 in Sevier County, Utah. Placers was a subcontractor of Marathon Steel, who in turn was a subcontractor of...

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