 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Logan v. Show-Me Power Electric Cooperative11/25/2003
usual requirements of employment." Plaintiffs allege these facts are sufficient to preclude exclusive jurisdiction of the Commission.
In the motion to dismiss, however, Gorman alleged that it was necessary to work on energized lines on occasion through the regular scope of employment. Plaintiffs admitted this allegation. Moreover, in their brief, Plaintiffs admit that the details of the project fully contemplated work upon energized lines.
Plaintiffs have alleged nothing more than a failure by Gorman to provide a reasonably safe workplace. Plaintiffs fully admitted that the requirements of Logan's job mandated working on energized lines on certain occasions. As such, their allegations in the petition, that Gorman "created" dangerous or hazardous conditions "beyond the usual requirements of employment[,]" are wholly refuted by Plaintiffs' admissions to the contrary. Specifically, Plaintiffs', in their motion to dismiss and in their brief on appeal, admit that the usual requirements of this type of employment mandate work upon energized lines occasionally. The failure of Gorman to adequately supervise Logan, an apprentice lineman, in the completion of his duties is insufficient to meet the "something extra" requirement of pleading a cause of action for co-employee liability beyond the Workers' Compensation Act. If any, Gorman's failure is simply the failure to provide a safe work environment. Gorman did not violate any personal duty owed to Logan. See Gunnett, 70 S.W.3d at 635-641.
Consequently, the trial court did not err in granting Gorman's motion to dismiss for lack of subject matter jurisdiction. Point denied.
Point II: Plaintiffs' Claim Against Sho-Me's Engineer
Plaintiffs' second point maintains the trial court erred by entering summary judgment for Marlin, Sho-Me's engineer. In developing this argument, they acknowledge "that an agent [Marlin] is not liable to third person [Logan] for a mere failure to perform a duty owing to his principal [Sho-Me] only." They insist, however, that an agent "remains liable for acts or omissions causing injuries to third persons to whom he owes an [independent] duty of care."
Having stated these general principles, Plaintiffs assert generally that " ufficient evidence was generated to create a genuine issue of material fact as to whether Marlin breached an independent duty of care that he owed to Logan." Plaintiffs' argument then proceeds as follows:
"As Sho-Me's project engineer assigned to the Irby project, Marlin played a key role in ensuring that appropriate safety precautions were taken before Irby personnel, including Logan, performed work near the power lines. That created a duty of care running from Marlin to the Irby employees that was independent of any duty Marlin owed to his employer.
"The most significant of Marlin's responsibilities were to ensure that the lines were de-energized where Irby employees were working and that one-shot orders were issued before Irby employees worked near energized lines. Since Marlin determined the sequence of work, he knew on which segments of line the Irby employees would be working.
"Marlin released clearance order #3722 at 4:11 p.m. on November 8, 1997, allowing the power line between Richland and Crocker to be energized. Marlin breached his duty of care to Logan when he failed to ensure that Logan worked on a de-energized line or did not work on an energized line for which a one-shot order had not been issued for the line on the day Logan was electrocuted. Marlin also spent considerable time observing the work done by Irby employees and thus would have been aware that Logan and other Irby employees were not p
Page 1 2 3 4 5 6 7 8 9 10 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|