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SUTTON v. MILES

No. 20130297-CA.

333 P.3d 1279 (2014)

2014 UT App 197

E.J. SUTTON, Plaintiff and Appellant, v. Bob MILES, Defendant and Appellee.

Court of Appeals of Utah.

August 14, 2014.

Attorney(s) appearing for the Case

Karra J. Porter , Nathan R. White , John Edward Hansen , and David S. Bridge , for Appellant.

Julianne P. Blanch , Scott C. Powers , and Robert T. Denny , for Appellee.

Senior Judge RUSSELL W. BENCH authored this Opinion, in which Judge GREGORY K. ORME concurred. Judge J. FREDERIC VOROS JR. concurred in the result, with opinion.

Opinion

BENCH, Senior Judge:

¶ 1 E.J. Sutton appeals the trial court's grant of summary judgment in favor of Bob Miles, which was based on its determination that Miles was an agent or employee of Lowell Construction Co. (Lowell) at the time of the accident from which Sutton's tort claims arise and was therefore immune from suit pursuant to a release signed by Sutton in favor of Lowell (the Release). We reverse and remand for further proceedings.

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