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PALMER v. DAVIS

Case No. 900109-CA.

808 P.2d 128 (1991)

Suzan PALMER, individually and on Behalf of her son Jeremy Freier, a minor, Plaintiff and Appellant, v. James DAVIS, Justin Anderson, and Keith Schrenk, Defendants and Appellees.

Court of Appeals of Utah.

March 7, 1991.

Attorney(s) appearing for the Case

Glen A. Cook, Robert J. DeBry & Associates, Salt Lake City, Gordon K. Jensen (argued), Goicoechea Law Offices—West Valley, West Valley City, for plaintiff and appellant.

Robert L. Jeffs (argued), Provo, for defendants and appellees.

Before BILLINGS, GARFF and RUSSON, JJ.

OPINION

BILLINGS, Judge:

Suzan Palmer brought this negligence action, individually and on behalf of her minor son, Jeremy Freier, against defendant James Davis for permanent blindness suffered by Freier when he was run over by a truck while working on a farm with Davis. Appellee filed a motion for summary judgment claiming that appellant's action was barred by the exclusive remedy provision of the Utah Workers' Compensation Act ("the Act") and by a settlement...

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