SCUDDER v. KENNECOTT COPPER CORP.

No. 930247.

886 P.2d 48 (1994)

Richard E. SCUDDER, Plaintiff, v. KENNECOTT COPPER CORPORATION, aka Kennecott Mining Corporation, a foreign corporation, Stearns Catalytic Corporation, and John Does 2 through 10, Defendants. STEARNS CATALYTIC CORPORATION, Third-Party Plaintiff and Respondent, v. WEYHER-LIVSEY CONSTRUCTORS, INC., Third-Party Defendant and Petitioner.

Supreme Court of Utah.

Rehearing Denied December 19, 1994.


Attorney(s) appearing for the Case

J. David Nelson and Robert D. Dahle, Salt Lake City, for Scudder.

Stephen B. Nebeker, Salt Lake City, for Kennecott Copper Corp.

Robert A. Peterson and Robert W. Payne, Salt Lake City, for Stearns Catalytic Corp.

Terry M. Plant and Daniel D. Andersen, Salt Lake City, for Weyher-Livsey Constructors.


ON CERTIORARI TO THE UTAH COURT OF APPEALS

HOWE, Justice:

We granted certiorari to review the decision of the court of appeals which reversed a summary judgment, vacated a jury verdict, and ordered a new trial. Scudder v. Kennecott Copper Corp., 858 P.2d 1005 (Utah Ct. App.1993).

The court of appeals has already fully stated the facts. Id. at 1006-07. Briefly, plaintiff Richard E. Scudder was an employee...

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