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Markle v. Williamson

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eBook details

  • Title: Markle v. Williamson
  • Author : Supreme Court of Wyoming
  • Release Date : January 01, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

For the purposes of this appeal the parties entered into an agreed statement of the factual and procedural matters necessary or appropriate to the appeal in lieu of a transcript of the proceedings. It shows that plaintiffs deceased died as a result of a fire and explosion at the Texaco, Inc. Refinery near Casper, Wyoming. At the time, the deceased was an employee of Texaco and was acting within the scope of his employment. Markle was also an employee of Texaco and acting within the scope of his employment. Texaco was in full compliance with the Wyoming Workmens Compensation Act and both Williamson and Markle were listed as employees. Plaintiff, Esther C. Williamson, filed her action against Texaco, Ceco Corporation, and Walter H. Markle. Texacos motion for summary judgment was granted on the basis that the workmens compensation laws of the State of Wyoming precluded direct action against an employer covered by the Workmens Compensation Act, brought on behalf of an employee killed while within the course of his employment with such covered employer. Defendant - Page 622 William H. Markles motion for summary judgment, asserting, inter alia, that the workmens compensation laws of the State of Wyoming precluded direct action against a co-employee on behalf of a covered employee killed while both employees are in the course of their employment, was overruled.


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