Jackson v. Eagle KMC LLC

418 P.3d 997
CourtCourt of Appeals of Arizona
DecidedJanuary 16, 2018
DocketNo. 1 CA-CV 16-0704
StatusPublished
Cited by1 cases

This text of 418 P.3d 997 (Jackson v. Eagle KMC LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Eagle KMC LLC, 418 P.3d 997 (Ark. Ct. App. 2018).

Opinion

OROZCO, Judge:

¶ 1 Plaintiff Stephanie Jackson (Jackson) appeals the superior court's judgment in favor of Defendants Eagle KMC, LLC, Rachael Gabriella Hender, Werner Enterprises, Inc., and Drivers Management, LLC (collectively Eagle). Because the court erred in granting summary judgment, we reverse and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

¶ 2 The facts in this case are not in dispute. Jackson, a South Carolina resident, was employed as a truck driver by Drivers Management, a Nebraska company. Drivers Management contracted with Eagle, an Arizona *999company, to train Jackson to drive a semi-tractor trailer. In February 2014, Jackson was riding as a student-passenger in the sleeper berth of a semi-tractor trailer in Golden Valley. Rachael Hender, an Eagle employee, was driving under Werner Enterprises' federal motor carrier USDOT number and authority. Jackson suffered serious injuries after Hender allegedly lost control and rolled the vehicle.

¶ 3 Jackson filed a workers' compensation claim against Drivers Management in Nebraska, as required by her employment contract. The workers' compensation claim was adjudicated in Nebraska. Drivers Management was self-insured for workers' compensation and had a subrogation claim against any third-party recovery.

¶ 4 In February 2016, Jackson filed this lawsuit against Eagle in Mohave County before the running of the two-year statute of limitations under Arizona Revised Statutes (A.R.S.) section 12-542. Jackson included Drivers Management as a defendant solely for the "purpose of reimbursement, under the right of subrogation," as required by Nebraska law.

¶ 5 Eagle filed a motion to dismiss, later converted to a motion for summary judgment, alleging Jackson's complaint was time-barred by A.R.S. § 23-1023.B and Drivers Management was not a proper defendant under A.R.S. § 23-1022.A. Jackson's response explained Drivers Management was included as a defendant solely for subrogation purposes pursuant to Nebraska law, and because Arizona law did not apply to her workers' compensation complaint, the one-year time-bar under A.R.S. § 23-1023.B was inapplicable. In reply, Eagle argued that regardless of whether Jackson received benefits in Nebraska, she was still entitled to workers' compensation benefits in Arizona and thus, § 23-1023.B was applicable.

¶ 6 The superior court found there was no material fact at issue because Jackson's complaint was not filed within one year of the accident, and she did not receive a reassignment from Drivers Management as required under A.R.S. § 23-1023. Therefore, the court concluded that Eagle was entitled to summary judgment as a matter of law.

¶ 7 Jackson filed a motion for reconsideration, Eagle filed a response and oral argument was held. The superior court again granted summary judgment to Eagle and reiterated its original findings. Jackson timely appealed and we have jurisdiction pursuant to A.R.S. § 12-2101.A.

DISCUSSION2

¶ 8 Entry of summary judgment is proper "if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law." Ariz. R. Civ. P. 56(a). We determine de novo whether any genuine issue of material fact exists and whether the superior court erred in applying the law, and will uphold the court's ruling if correct for any reason. Logerquist v. Danforth , 188 Ariz. 16, 18, 932 P.2d 281, 283 (App. 1996). We construe the evidence and reasonable inferences in the light most favorable to the non-moving party. Wells Fargo Bank v. Ariz. Laborers, Teamsters & Cement Masons Local No. 395 Pension Tr. Fund , 201 Ariz. 474, 482, ¶ 13, 38 P.3d 12, 20 (2002).

¶ 9 Issues of statutory interpretation and application are reviewed de novo. Pima Cty. v. Pima Cty. Law Enf't Merit Sys. Council , 211 Ariz. 224, 227, ¶ 13, 119 P.3d 1027, 1030 (2005). "We construe workers' compensation laws liberally, remedially, and in a manner ensuring that injured employees receive maximum available benefits." Oaks v. McQuiller , 191 Ariz. 333, 334, ¶ 5, 955 P.2d 971, 972 (App. 1998) (internal quotations omitted). The statutory language at issue must be considered in the context of the entire statutory scheme. Id .

¶ 10 Jackson argues the superior court erred in granting summary judgment *1000by finding her claims were barred by A.R.S. § 23-1023. Jackson contends that because she sought and received workers' compensation benefits in Nebraska, and is not seeking additional workers' compensation benefits in Arizona, Nebraska law should control the subrogation claim for her employer. A.R.S. § 23-1023.B protects an employer or insurance carrier's interest in recovering benefits paid to an employee caused by a third party and reads in relevant part:

If the employee who is entitled to compensation under this chapter or the employee's dependents do not pursue a remedy pursuant to this section against the other person by instituting an action within one year after the cause of action accrues ... the claim against the other person is deemed assigned to the insurance carrier or self-insured employer and all of the following apply ...

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Related

Jackson v. Eagle KMC L. L.C.
431 P.3d 1197 (Arizona Supreme Court, 2019)

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Bluebook (online)
418 P.3d 997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-eagle-kmc-llc-arizctapp-2018.