DOMINGUEZ v. EVERGREEN RESOURCES, INC.

No. 30349.

121 P.3d 938 (2005)

142 Idaho 7

Scott DOMINGUEZ, by and through his guardian and conservator, Jackie HAMP, Plaintiff-Respondent, v. EVERGREEN RESOURCES, INC., and Allan Elias, Defendants-Cross-Claimants-Cross Defendants-Appellants, and Kerr-McGee Chemical Corporation and Kerr-McGee Chemical LLC, Defendants-Cross-Defendants-Cross Claimants-Respondents.

Supreme Court of Idaho, Boise, May 2005 Term.

Rehearing Denied October 3, 2005.


Attorney(s) appearing for the Case

Craig R. Jorgensen, Pocatello, argued for appellants.

Holland & Hart, LLP, Boise, for respondents Kerr McGee. B. Newal Squyres argued.

Racine, Olson, Nye, Budge & Bailey Chartered, Pocatello, for respondent Dominguez. Brent O. Roche appeared.


BURDICK, Justice.

This case arises from injuries suffered by Scott Dominguez (Dominguez) while serving as an employee of Evergreen Resources, Inc. (Evergreen). Dominguez sued Evergreen and its owner, Allan Elias, (Elias) and obtained a default judgment against them. Dominguez also sued Kerr-McGee Chemical, LLC, (Kerr-McGee) and the two reached a settlement. Kerr-McGee later sought and won indemnity awards from Evergreen and Elias (collectively, the Employer). The...

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