Court: Supreme Court of Missouri
Opinion Date: April 6, 2021
Judge: Paul C. Wilson
Areas of Law: Labor & Employment Law, Personal Injury
The Supreme Court made permanent a preliminary writ of prohibition directing the circuit court to enter summary judgment in favor of Brian Henderson and Beutler, Inc., d/b/a George J. Shaw Construction Co. (Shaw), for injuries Joshua McArthur sustained while operating a dump truck on a construction site, holding that both Henderson and Shaw were immune from suit. In their motion for summary judgment, Henderson and Shaw asserted immunity from suit under the workers’ compensation exclusivity doctrine. The circuit court overruled the motion, finding that the exception from workers’ compensation exclusivity found in Mo. Rev. Stat. 287.040.4 applied. The Supreme Court affirmed, holding that the circuit court’s findings regarding the application of section 287.040.4 were erroneous.
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