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Baker v. Sullivan3/16/1999
Boise, November 1998 Term
1999 Opinion No. 26
Appeal from the District Court of the Third Judicial District of the State of Idaho, Gem County. Hon. Stephen W. Drescher, District Judge.
Order of the district court granting summary judgment affirmed.
This is an appeal from an order granting summary judgment in favor of the defendants in a negligence action. The plaintiffs sought to recover damages resulting from personal injuries suffered by the plaintiff Jerry D. Baker (Baker) in a motor vehicle accident.
Prior to filing the instant action, Baker sought worker's compensation relief from his employer at the time of the accident, respondent Elite Concrete Construction (Elite Concrete), and the Idaho State Insurance Fund (ISIF), as Elite Concrete's surety. After a hearing, the Industrial Commission concluded that Baker was injured within the course and scope of employment; however, it did not determine the extent of Baker's impairment or disability pursuant to Baker's request. When the ISIF contested the amount of compensation to be awarded, the Bakers filed the instant negligence action in the district court, alleging that Elite Concrete and a co-employee of Baker were negligent. The district court granted the defendant's motion for summary judgment based on the exclusive remedy and co-employee immunity provisions of Idaho's worker's compensation law. Baker appeals.
I.
FACTS AND PROCEDURAL BACKGROUND
A. Facts
In July, 1994, Baker was an employee of Elite Concrete which was owned by respondent Bobby Joe Sullivan, Sr. (Sullivan Sr.). Respondent Bobby Joe Sullivan, Jr. (Sullivan Jr.) was also an employee of Elite Concrete at that time, acting as its foreman.
On July 8, 1994, Baker was a passenger in a pickup truck operated by Sullivan Jr. and owned by Sullivan Sr. The truck was involved in an accident while Sullivan Jr. and Baker were driving from one Elite Concrete job site to another. Baker suffered brain stem injuries, a concussion, and lacerations.
On March 30, 1995, Baker filed a worker's compensation complaint against Elite Concrete and the Idaho State Insurance Fund seeking time-loss benefits and medical benefits. In that complaint, Baker reserved the issue regarding the "extent of impairment/disability" to be decided separately. After a hearing, the Industrial Commission determined that Baker suffered a work-related accident on July 8, 1994. The extent of Baker's impairment and/or disability, if any, as a result of the injuries suffered in the accident, is an issue presently pending before the Industrial Commission. On April 19, 1995, in answering Baker's worker's compensation complaint, the ISIF asserted that no additional benefits were due the claimant, Baker. It also indicated that as of April 19, 1995 it had paid as compensation to Baker the following amounts: PPD, $2,000.00, TTD, $3,001.60, and medical benefits, $23,349.27.
B. Procedural Background
On June 9, 1997, Baker and his wife filed the instant action alleging that the respondents were negligent, seeking recovery for personal injury damages resulting from the July 8, 1994 accident.
On August 25, 1997, the respondents moved for summary judgment seeking dismissal of Baker's complaint on the grounds that it was barred by the exclusive remedy provisions of Idaho's worker's compensation law as it related to claims against Sullivan Sr. See I.C. §§ 72-201, 72-209, 72-211. Respondents also asserted that the claim was barred by the co-employee immunity provisions of the worker's compensation law as it related to claims against Sullivan Jr. See I.C. §§ 72-209(3), 72-
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