NUCOR-YAMATO STEEL CO. v. CIRCUIT COURT FOR OSCEOLA DIST. OF MISSISSIPPI CTY.

No. 93-1056.

878 S.W.2d 745 (1994)

317 Ark. 493

NUCOR-YAMATO STEEL COMPANY (LIMITED PARTNERSHIP), Petitioner, v. The CIRCUIT COURT FOR THE OSCEOLA DISTRICT OF MISSISSIPPI COUNTY, ARKANSAS, The Honorable Samuel Turner, Jr., Presiding; Thomas L. Foster; Cynthia A. Foster; Grove North America, Division of Kidde Industries, Inc.; The Estate of Tim Brown; and Travelers Insurance Company, Respondents.

Supreme Court of Arkansas.

July 5, 1994.


Attorney(s) appearing for the Case

Robert L. Coleman, Blytheville, for appellant.

Mike Gibson, Richard Rhodes, Osceola, Bill W. Bristow, Johnson, Elizabeth J. Robben, Little Rock, for Grove No. America Div. of Kidde Industries, Inc.


BROWN, Justice.

Petitioner Nucor-Yamato Steel Corporation petitions this court for a writ of prohibition on the basis that Respondent Circuit Court for the Osceola District of Mississippi County lacks jurisdiction to hear the matter. In essence, Nucor maintains that the injured employee in this case, Thomas Foster, was a dual employee of Nucor and Daniels General Contractors, Inc. and that his exclusive remedy is under the Workers' Compensation Act at Ark.Code Ann...

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