Tex-Ark Joist Co. v. Derr and Gruenewald Const. Co., TEX-ARK
| Docket Nº | TEX-ARK |
| Citation | 719 P.2d 384 |
| Case Date | March 27, 1986 |
| Court | Court of Appeals of Colorado |
Page 384
Third-Party Plaintiff-Appellant,
v.
DERR AND GRUENEWALD CONSTRUCTION COMPANY, formerly Derr
Steel Erection Company or Derr of Colorado, Inc.,
Third-Party Defendant-Appellee.
Div. III.
Rehearing Denied April 24, 1986.
Certiorari Pending as of June 17, 1986.
Page 385
Wood, Ris & Hames, P.C., Eugene S. Hames, Paula M. Ray, Denver, for defendant and third-party plaintiff-appellant.
Boatright & Boatright, Charles F. Molling, Wheatridge, Glasman, Jaynes & Carpenter, Richard H. Glasman, Denver, for third-party defendant-appellee.
TURSI, Judge.
Tex-Ark Joist Company (Tex-Ark) appeals the dismissal of its third-party complaint for indemnification or contribution against Derr & Gruenewald Construction Co. (Derr). We affirm.
On April 30, 1981, Galen Louis Meeker was injured while in the employment of Derr. This injury occurred while he was erecting steel joists manufactured by Tex-Ark. Meeker received workmen's compensation through his employer and then sued Tex-Ark on a product liability theory.
Tex-Ark filed a third-party action against Derr seeking indemnification or contribution from Derr. Tex-Ark alleged that Derr had negligently erected the joists, had failed to train, instruct, or supervise its employees properly, and had failed to acquaint its employees with applicable safety regulations. Derr moved to dismiss this third-party action on the basis that any action against it is barred by the exclusive remedy provision of the Colorado Workmen's Compensation Act, § 8-42-102, C.R.S. The motion was granted.
I.
Tex-Ark first alleges that the Colorado Uniform Contribution among Tortfeasors Act, C.R.S. § 13-50.5-101, et seq., C.R.S. (1985 Cum.Supp.) (Contribution Act) abrogates the effect of the exclusive remedy provision. We disagree.
The Contribution Act was enacted subsequent to the adoption of the workmen's compensation exclusive remedy provision. Hence, we must conclude that the General Assembly was mindful of the exclusive remedy provision and the policy underlying it when it adopted the Contribution Act. Therefore, in light of the fact that the Contribution Act demonstrates no intent to alter or supersede the existing statutory framework, we conclude that it does not.
The Contribution Act requires that "two or more persons become jointly or severally liable in tort" before the right to contribution...
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Watters v. Pelican Intern., Inc., Civ. A. No. 88-F-1305.
...see also Kussman v. City and County of Denver, 706 P.2d 776, 780 (Colo.1985); Tex-Ark Joist Co. v. Derr & Grunewald Construction Co., 719 P.2d 384, 385 (Colo.App.1986), aff'd, 749 P.2d 431 (Colo.1988); Greer v. Intercole Automation Co., 553 F.Supp. 275, 276 (D.Colo.1982). In our view an......
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Tex-Ark Joist Co. v. Derr and Gruenewald Const. Co., TEX-ARK
...Tex-Ark Joist Co. (Tex-Ark), appeals the decision of the court of appeals in Tex-Ark Joist Co. v. Derr & Gruenewald Const. Co., 719 P.2d 384 (Colo.App.1986), affirming the dismissal of its third-party complaint against Derr and Gruenewald Construction Co. (Derr). We On April 30, 1981, G......
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Tex-Ark Joist Co. v. Derr and Gruenewald Const. Co., TEX-ARK
...Company or Derr of Colorado Inc., Respondent. No. 86SC176. Supreme Court of Colorado, En Banc. Nov. 3, 1986. Prior report: Colo.App., 719 P.2d 384. Petition for Writ of Certiorari...
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Watters v. Pelican Intern., Inc., Civ. A. No. 88-F-1305.
...see also Kussman v. City and County of Denver, 706 P.2d 776, 780 (Colo.1985); Tex-Ark Joist Co. v. Derr & Grunewald Construction Co., 719 P.2d 384, 385 (Colo.App.1986), aff'd, 749 P.2d 431 (Colo.1988); Greer v. Intercole Automation Co., 553 F.Supp. 275, 276 (D.Colo.1982). In our view an......
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Tex-Ark Joist Co. v. Derr and Gruenewald Const. Co., TEX-ARK
...Tex-Ark Joist Co. (Tex-Ark), appeals the decision of the court of appeals in Tex-Ark Joist Co. v. Derr & Gruenewald Const. Co., 719 P.2d 384 (Colo.App.1986), affirming the dismissal of its third-party complaint against Derr and Gruenewald Construction Co. (Derr). We On April 30, 1981, G......
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Tex-Ark Joist Co. v. Derr and Gruenewald Const. Co., TEX-ARK
...Company or Derr of Colorado Inc., Respondent. No. 86SC176. Supreme Court of Colorado, En Banc. Nov. 3, 1986. Prior report: Colo.App., 719 P.2d 384. Petition for Writ of Certiorari...