Goheen v. Yellow Freight Systems

DAUGHERTY, District Judge. This is an appeal from an order of the district court granting summary judgment for the Defendant-Appellee Yellow Freight
Systems, holding that its employee became a fellow servant of the Plaintiff-Appellant and Plaintiff-Appellant was thus barred
from maintaining a third-party tort action against the Defendant-Appellee by reason of the exclusive remedy provisions of
Utah's workers compensation laws, Utah Code Ann. § 31-1-60. We review the grant or denial of summary judgment de
novo. Barnson v. United States, 816 F.2d 549, 552 (10th Cir. 1987), cert. denied, 484 U.S. 896, 108 S. Ct. 229, 98 L. Ed.
2d 188 (1987). We apply the same legal standard used by the district court and examine the record to determine if any genuine
issue of material facts is in dispute; if not, we determine if the substantive law was correctly applied. Applied Genetics
v. First Affiliated Securities, 912 F.2d 1238 (10th Cir. 1990).