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COWGER v. HENDERSON HEAVY HAUL TRUCKING

No. 05CA0416.

179 P.3d 116 (2007)

Brandon COWGER, Plaintiff-Appellant, v. HENDERSON HEAVY HAUL TRUCKING INC., Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Certiorari Denied January 15, 2008.

Attorney(s) appearing for the Case

Killian, Guthro & Jensen, P.C., James P. Guthro, Amy K. Eaton-Fitzpatrick, Damon J. Davis, Grand Junction, Colorado, for Plaintiff-Appellant.

Hall & Evans, L.L.C., Alan Epstein, Robert J. McCormick, Ryan L. Winter, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge ROTHENBERG.

Plaintiff, Brandon Cowger, appeals from a summary judgment entered by the trial court dismissing his negligence action against defendant, Henderson Heavy Haul Trucking, Inc., and concluding it was barred by the exclusivity provisions of the Workers' Compensation Act (Act). We reverse and remand for further proceedings.

I.

Henderson is a contractor that owns and uses cranes. It was in the business of moving, among other...

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