(Download) "Elk Corp. v. Builders Transport Inc." by United States Court of Appeals for the Eighth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Elk Corp. v. Builders Transport Inc.
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 23, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
HENRY WOODS, District Judge. Elk Corporation of Arkansas has appealed from a judgment of the district court granting summary judgment in favor of Builders Transport, Inc. This case involves the exclusivity provision of the Arkansas Workers' Compensation Act, which immunizes the employer from the assertion of ""all other rights and remedies of the employee . . . or anyone otherwise entitled to recover damages from the employer.""1 Appellant Elk Corporation of Arkansas (hereafter ""Elk"") was the defendant in a third-party suit filed in the state court by Norman Jackson, an employee of appellee, Builders Transportation, Inc. (hereafter ""Builders""). Elk settled that case with the employee, Jackson, and filed the instant suit seeking reimbursement from Builders. Since the clear language of the above statute, as construed by the Arkansas courts, conclusively bars contribution, Elk advances a theory of recovery based on indemnity. The trial judge2 rejected this basis of recovery and granted summary judgment in favor of Elk. We affirm.