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Bernard Kotarski, Special Administrator of the Estate of Frederick E. Gutowski, Deceased v. Aetna Casualty and Surety Company

Bernard KOTARSKI, Special Administrator of the Estate of Frederick E. Gutowski, Deceased, Plaintiff-Appellant, v. AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellee

Kotarski v. Aetna Cas. & Sur. Co., 372 F.2d 95 (6th Cir. 1967)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
February 2, 1967
Docket
No. 16869_1
Judges
Phillips, Celebrezze, Peck
Citations
372 F.2d 95

Opinion — Per Curiam

PER CURIAM.

The actions in the District Court and on appeal involve a question of interpretation of Michigan’s Workmen’s Compensation Act, 1

as to whether or not a workmen’s compensation insurance carrier is immune to the provisions of the third party liability provision of the Workmen’s Compensation Act, which allows an injured employee to accept workmen’s compensation benefits, and also proceed against a third person who caused the injury. The complaint alleges that the insurance carrier voluntarily undertook to provide safety inspection services for the benefit of the employer and its employees and that as a result of its negligence one, Frederick E. Gutowski, an employee was killed. The action is maintained by Plaintiff-Appellant as special administrator of the estate of the deceased.

The District Court entered summary judgment for Defendant-Appellee, construing the Act as extending to the insurance carriers the immunity of the employer.

We affirm for the reasons stated in the Opinion of the District Court, reported in Kotarski v. Aetna Casualty and Surety Company, 244 F.Supp. 547 .

1

. Mich.Stat.Anno., Section 17.189, C.L.1948, § 413.15 [P.A.1952, No. 155].

How later courts describe this case

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Cited by 20 cases

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1967: 21968: 21969: 31970: 21971: 11976: 11977: 11980: 11981: 11985: 11986: 31989: 219672026peak 1969 · 3

Relies on it most ⓘ

  1. Salvatore J. Bartolotta v. Liberty Mutual Insurance Company, Robert Pettersen v. Liberty Mutual Insurance Company411 F.2d 115 (2d Cir. 1969)
  2. Mustapha v. Liberty Mutual Insurance Company268 F. Supp. 890 (D.R.I. 1967)
  3. Bryant v. Old Republic Insurance431 F.2d 1385 (6th Cir. 1970)
  4. Kifer v. Liberty Mutual Insurance777 F.2d 1325 (8th Cir. 1985)
  5. Beard v. Brown616 P.2d 726 (Wyo. 1980)
  6. Joe Keller v. Dravo Corporation441 F.2d 1239 (5th Cir. 1971)

Most recent

  1. Van Biene v. ERA Helicopters, Inc.779 P.2d 315 (Alaska 1989)
  2. Malkiewicz v. R.R. Donnelley & Sons Co.703 F. Supp. 49 (M.D. Tenn. 1989)
  3. McHargue v. Stokes Division of Pennwalt Corp.649 F. Supp. 1388 (D. Colo. 1986)
  4. Derosia v. Duro Metal Products Co.519 A.2d 601 (Vt. 1986)
  5. No. 84-1909777 F.2d 1325 (8th Cir. 1986)
  6. Kifer v. Liberty Mutual Insurance777 F.2d 1325 (8th Cir. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Kotarski v. Aetna Cas., 244 F. Supp. 547 (E.D. Mich. 1965) 31

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