Representing four employees of a large rock quarry operation in Northeast Missouri, Principals Russ Watters and Christine Lesicko recently obtained a summary judgment in favor of their clients who were co-workers of the deceased pursuant to the co-employee statutory immunity provided for by Missouri Rev. Stat. §287.120. The case involved claims brought by the adult child of a worker who was tragically killed in an on-the-job accident involving heavy equipment while unloading a large dump truck atop a sand pile that allegedly collapsed beneath him. The plaintiff alleged that the co-employees failed to properly maintain the pile, resulting in the accident.
After more than a year of litigation, including thousands of pages of deposition testimony and document production, the Court granted summary judgment in favor of all four of their clients based on co-employee immunity provided in the Workers’ Compensation statute. The court held that the Supreme Court decision Brock vs Dunne, 637 S.W.3rd 22 (Mo.2021) controlled and further cited Bestgen v Haile, 643 S.W.3rd647 (Mo. App. W.D.2022) and Miller vs Bucy, 641 S.W. 3rd 2022
The decision reinforces the broad immunity provided to co-workers on the job site from being sued personally for workplace injuries and is consistent with the mandate handed down by the Supreme Court in the Brock decision.