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STAMPER v. JOHNSON

No. 20090062.

232 P.3d 514 (2010)

2010 UT 26

Jeff STAMPER, Aaron Stamper, David Stamper, and Christopher Stamper, the heirs and children of Sharon Stamper, deceased, Plaintiffs and Appellants, v. Rebecca JOHNSON, Defendant and Appellee.

Supreme Court of Utah.

April 30, 2010.

Attorney(s) appearing for the Case

Kevin J. Sutterfield, Provo, for plaintiffs.

Robert C. Keller, Stephen T. Hester, Salt Lake City, for defendant.

PARRISH, Justice:

INTRODUCTION

¶ 1 The heirs of Sharon Stamper ("Stamper") appeal the district court's entry of summary judgment for appellee, Rebecca Johnson ("Johnson"). In entering summary judgment, the district court ruled that the Stampers' wrongful death claim against Johnson was barred by the exclusive remedy provision of the Workers' Compensation Act (the "Act") because Johnson and Stamper were fellow servants at the time of the accident that...

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