Kutcka, et al. v. Gateway Building Systems, et al.
Annotate this CaseDavid Kutcka, Tammy Dejno, as personal representative of Austin Dejno’s estate, and Tammy Dejno, as wrongful death plaintiff (collectively, “Plaintiffs”) appealed the dismissal of their negligence claims against Gateway Building Systems (“Gateway”). Plaintiffs argued the district court erred in concluding Gateway was Kutcka’s and Austin Dejno’s statutory employer entitling Gateway to immunity from suit under the workers’ compensation act. The North Dakota Supreme Court reversed, concluding that Gateway, the general contractor, was not the statutory employer of its subcontractor’s employees, Kutcka and Dejno, entitling it to immunity under the exclusive remedy provisions of N.D.C.C. § 65-04-28, and remanded for further proceedings.
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