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NEWSOM v. FRANK M. HALL & CO.

No. 02CA1375.

101 P.3d 1107 (2004)

Rick W. NEWSOM, Plaintiff-Appellee, v. FRANK M. HALL & COMPANY, a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing April 8, 2004.

Certiorari Granted December 6, 2004.

Attorney(s) appearing for the Case

Law Offices of Robert M. Fitzgerald, Robert M. Fitzgerald, Northglenn, Colorado; Lohf Shaiman Jacobs & Hyman, P.C., John C. Steele, Denver, Colorado, for Plaintiff-Appellee.

Messner & Reeves, LLC, John K. Shunk, Susan F. Fisher, Ryan A. Williams, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge VOGT.

In this personal injury action, defendant, Frank M. Hall & Company (Hall), appeals the judgment entered on a jury verdict in favor of plaintiff, Rick W. Newsom. Hall's primary contention is that it was plaintiff's statutory employer under the Workers' Compensation Act, § 8-40-101, et seq., C.R.S.2003(Act), and thus was immune from common law liability. We disagree and therefore affirm.

Hall, a general contractor, subcontracted...

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