fbpx

Visit our offices in Kansas City, Liberty, St. Joe,
or our Virtual Office

Co-worker not liable for fellow employee’s injuries, Missouri Supreme Court rules

Monday, Apr. 2nd 2018

 

By: Karen Kidd

JEFFERSON CITY – The co-worker of a man injured during a construction accident in 2011 is not liable for those injuries, the Missouri Supreme Court said in a March 6 opinion.

St. Louis County Circuit Court properly granted summary judgment to the co-worker, who agreed with the co-worker’s assertion that “he was entitled to judgment as a matter of law because (plaintiff Matthew) Fogerty failed to show (Larry) Meyer breached a duty separate and distinct from employer’s nondelegable duty to provide a safe workplace,” Supreme Court Judge Paul C. Wilson wrote in the high court’s majority opinion.

“Accordingly, if it is reasonably foreseeable that employees may be harmed in the absence of a safe manner and means for performing their work, an employer has a nondelegable duty to provide those manner and means to its employees,” the high court’s 10-page opinion said. “An employer may – and, often, must – assign responsibility for fulfilling this nondelegable duty to an employee. Such an assignment does not alter the nondelegable nature of the duty, however, and a co-employee’s negligence in fulfilling that duty is not actionable.”

Chief Judge Zel M. Fischer, Judge Mary R. Russell, Judge Patricia Breckenridge and Judge Laura Denvir concurred in the opinion while Judge George W. Draper III concurred in result of the majority opinion and filed his own opinion. Judge W. Brent Powell did not participate in the case.

Matthew Fogerty filed a personal injury suit against his co-employee, Larry Meyer, for injuries Fogerty suffered in a front loader accident in 2011 while working with Meyer to build a fountain, as assigned by their employer Wright Construction Co., according to the Supreme Court’s opinion. After Fogerty sued Mayer over his injuries, the trial court sustained Meyer’s motion for summary judgment, which Fogerty appealed.

The Supreme Court’s opinion noted that Fogerty’s injuries occurred before its 2016 decision Peters v. Wady Industries, which established an employer’s duty to provide a safe workplace also includes providing a safe work method. Prior to that decision, an injured worker could sue a co-worker only if the injured worker could show the co-worker had “breached a duty separate and distinct from the employer’s nondelegable duty to provide a safe workplace,” the opinion said.

In affirming the St. Louis County Circuit Court’s summary judgment, the Supreme Court likewise found that Meyer’s negligence had resulted from a breach of their employer’s nondelegable duty to provide a safe workplace, according to the opinion.

Because the Wright Construction “failed to provide Fogerty or Meyer with a safe manner and means for constructing the fountain and, specifically, for using a front loader to move the large stones that task required,” the negligence the resulted in Fogerty’s injuries was the employer’s negligence, according to the high court’s opinion.

“Under these facts, because employer failed to provide a safe manner and means to install the fountain, both Meyer’s negligence in deciding how to do so and Fogerty’s resulting injury were reasonably foreseeable to employer,” the opinion said. “Accordingly, Meyer’s negligence was a breach of employer’s nondelegable duty to provide a safe workplace, not a breach of some duty ‘separate and distinct’ from employer’s duty.”


Google 5 Star Rating Motor Vehicle trial Lawyers Top 25 Hurt In An Accident?

Personal Injury

If you’ve been injured and aren’t sure where to turn, let us help. We represent individuals in many areas of personal injury including truck, auto and motorcycle accidents, property liability (slip & fall), spinal cord injuries, and more.

Worker's Comp

Injured at work? We can help! If you have suffered a work-related injury or illness, we can help ensure you get full and fair compensation under the law.

REAL PEOPLE HELPING REAL PEOPLE

Our Personal Injury & Worker's Comp Attorneys

Northland Injury Law: Personal Injury Lawyers in Northland Kansas City and Northwest Missouri.

Proudly serving: Gladstone, Liberty, Kansas City, North Kansas City, Saint Joseph, Plattsburg, Cameron, Chillicothe, Trenton, Sedalia, Warrensburg and many other areas in Missouri.

The Northland Injury Law Firm has been practicing in the Kansas City area for many years. Our founders, Max Von Erdsmannsdorff and Steve Mowry, built a strong foundation for the firm. Since Eric Bartlett joined the firm in 1996, Northland Injury Law has earned a reputation for success, honesty and compassion in personal injury and worker’s compensation.

I found Northland Injury Law to be very professional and honest! They kept me up to date on my case. I would highly recommend the whole firm for all your legal needs!!” – Michael T.

Northland Injury Law is proud of the relationships they’ve built with the clients they have served in the Northland and surrounding areas.  Their many great results for seriously injured people have helped their clients recover the significant economic losses that attend such serious injuries.

When it comes to a lawsuit after an accident or injury, representation matters! Most people do not realize that insurance companies have teams of lawyers, investigators, photographers and defense experts who immediately go to work following a serious accident involving their insureds.  They hire these people to minimize their exposure throughout the claims process and to reduce the amount received by the victim. Northland Injury Law aims to level the playing field for their clients.

This is an excellent law firm. They helped me out after an accident and did an awesome job. I would recommend this law firm to anyone who needs a good lawyer.” – Toni B.

Between them, Mr. Mowry and Mr. Bartlett have over  50 combined years of legal experience in the Kansas City Northland area. They have both been recognized by KC Magazine as “Top attorneys in Missouri and Kansas” and both have been recognized in the National Top 100 Trial Attorneys.

If you require the services of excellent local lawyers after an accident or injury, call Northland Injury Law today for a free consultation at 816-400-4878.

Latest Blog

How To Choose A Personal Injury Attorney

Accidents don't come with a warning, leaving you grappling with injuries and a complex web of legalities. It's the kind of situation that can thrust you into a whirlwind of uncertainty, where decisions matter more than ever. A guiding hand...

Read More

Frequently Asked Questions

Get answers about our Kansas City law firm, like how and when to file a suit for your Personal Injury & Worker’s Compensation.

View All FAQ's

CLICK HERE FOR YOUR FREE EBOOKS!

Northland Injury Law © All Rights Reserved. Privacy Policy

Site Created by KC Web Specialists, LLC

Skip to content