GIBSON v. WAL-MART STORES INC.

No. 98-8040.

181 F.3d 1163 (1999)

Gale D. GIBSON, formerly known as Gale D. Widmer, Plaintiff-Appellant, v. WAL-MART STORES INC., a Delaware Corporation; Becky Brooks, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 25, 1999.


Attorney(s) appearing for the Case

James R. McCarty, Casper, Wyoming, for Plaintiff-Appellant.

Rosemary Orsini (David P. Hersh, Diane Vaksdal Smith on the brief), Burg & Eldredge, Englewood, Colorado, for Defendants-Appellees.

Before PORFILIO, MAGILL, and LUCERO, Circuit Judges.


MAGILL, Circuit Judge.

Several years after being injured while stocking shelves at a Wal-Mart Stores, Inc. (Wal-Mart) store and receiving more than $31,000 in benefits from Wal-Mart's private workers' compensation plan, Gale Gibson brought this action against Wal-Mart and Becky Brooks, a former co-employee, alleging that they negligently caused her injuries. Gibson appeals the district court's order granting Wal-Mart's motion to compel arbitration and dismissing her...

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