Evans

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

In this action initially brought by thirteen plaintiffs against thirty-two defendants, the ’ remaining three defendants move for summary judgment on the intentional misrepresentation claims asserted against them by the remaining two plaintiffs. The motion is Granted.

STATEMENT

The factual and procedural background of this action has been set forth in detail in prior orders (see Dkt. Nos. 168, 175, 224) and need not be repeated here. At this stage, the remaining claims are for intentional misrepresentation only, as follows:

The Chargers, Broncos, and Packers (collectively, “defendants”) now move for summary judgment, contending that all three remaining claims are barred by workers’ compensation exclusivity. Walker and Carreker (collectively, “plaintiffs”) respond that their claims fall within an intentional harm exception to exclusivity. This order follows full briefing and oral argument.

ANALYSIS

1. Legal Framework.

Summary judgment is appropriate when there is no genuine dispute of material fact and the moving party is entitled to judgment, as a matter of law. F.R.C.P. 56(a). A genuine dispute of material fact is one…