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HERRERA v. PHILLIPPS

No. S-13-0243.

334 P.3d 1225 (2014)

2014 WY 118

Enrique HERRERA, Appellant (Plaintiff), v. Robert PHILLIPPS, Individually and as an employee and representative of Gilligan's LLC, a Wyoming Company, and Gilligan's LLC, a Wyoming Company, Appellees (Defendants).

Supreme Court of Wyoming.

September 23, 2014.

Attorney(s) appearing for the Case

Representing Appellant: C. John Cotton , Cotton Law Office, P.C., Gillette, Wyoming.

Representing Appellees: Patrick T. Holscher , Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

BURKE, Chief Justice.

[¶ 1] Appellant Enrique Herrera was injured while working for Gilligan's LLC, under the supervision of Robert Phillipps. Mr. Herrera filed suit seeking to recover damages for his injuries. Gilligan's sought summary judgment on the primary basis that, as Mr. Herrera's employer, it was immune from suit pursuant to the Wyoming Worker's Compensation Act. Mr. Phillipps also asserted that the Act shielded him from the negligence claim by Mr. Herrera...

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