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LOVATO v. TIM CASE

S-22-0053.

520 P.3d 1144 (2022)

2022 WY 151

Augustine LOVATO, Appellant (Plaintiff), v. TIM CASE, Appellee (Defendant).

Supreme Court of Wyoming.

December 1, 2022.

Attorney(s) appearing for the Case

Representing Appellant: Justin Kallal and Jason Johnson of Davis, Johnson & Kallal, LLC, Cheyenne, Wyoming. Argument by Mr. Kallal.

Representing Appellee: Gay Woodhouse , Christopher M. Brennan , and James O. Bardwell of Woodhouse Roden Ames & Brennan, LLC, Cheyenne, Wyoming. Argument by Mr. Brennan.

Before FOX, C.J., and KAUTZ, BOOMGAARDEN, GRAY, and FENN, JJ.

[¶1] Augustine Lovato sued his co-employee, Tim Case, for running over him with a concrete truck while they were both working on a construction project in Cheyenne. The district court granted summary judgment to Mr. Case, concluding he was immune from liability because, under Wyoming law, Mr. Lovato's sole remedy was workers...

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