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KELLY v. TRC FABRICATION, LLC

Docket No. 47653.

487 P.3d 723 (2021)

Dale KELLY and Nancy Kelly, Husband and Wife, Plaintiffs-Appellants, v. TRC FABRICATION, LLC, an Idaho limited liability company, Defendant-Respondent.

Supreme Court of Idaho, Boise, January 2021 Term.

Rehearing Denied: June 21, 2021.

Attorney(s) appearing for the Case

Racine Olson PLLP, Pocatello, for appellants Dale and Nancy Kelly. Brent O. Roche argued.

Hawley Troxell Ennis & Hawley LLP, Pocatello, for respondent TRC Fabrication, LLC. John A. Bailey, Jr. , argued.

This case explores the scope of tort immunity afforded to a putative employer under the Idaho Worker's Compensation Act. The question presented is whether the immunity afforded a statutory employer applies to TRC Fabrication, LLC, to bar Dale and Nancy Kelly's complaint for damages.

The facts are relatively straight-forward...

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