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Crow v. Kansas City Power & Light Co.7/5/2005
Opinion Vote: AFFIRMED.
Ulrich, P.J., and Smart, Jr., J., concur.
Opinion:
Betty Crow, John Dority, and Nevada Dority ("Appellants") are, respectively, the mother and emancipated natural children of John Dority ("Dority"), who died after an uninsulated aluminum ladder he was moving came in contact with an uninsulated 7,000-volt overhead electric power line while he was performing daytime painting work on Unit 9 of an apartment complex known as The Ethans, located at 8300 North Hickory in Kansas City, Missouri. At the time of the accident, which occurred on August 14, 2000, the power line in question was maintained by Defendant Kansas City Power & Light Company ("KCP&L"). Respondent Crico of Ethans II, L.P. ("Crico") owned The Ethans, and Respondent Equity Residential Properties Management Corporation ("Equity Residential") managed the apartment complex for Crico. Dority's employer was Respondent Mayfield Enterprises, a sole proprietorship owned and operated by Jay Mayfield ("Mayfield").
On June 7, 2002, Appellants filed a wrongful death suit against KCP&L, Crico, Equity Residential, Mayfield, and Mayfield Enterprises, alleging that they were all negligent and that their negligence caused or contributed to cause Dority's wrongful death from electrocution. Appellants subsequently settled their claims against KCP&L in exchange for a payment of $210,000, but continued to pursue their claims against the remaining defendants. On June 26, 2003, Mayfield Enterprises moved for dismissal of all claims against it for lack of subject matter jurisdiction, asserting that since Appellants' claims arose out of Dority's on-the-job injuries, Mayfield Enterprises was immune from civil liability to Appellants for Dority's alleged wrongful death under the exclusive jurisdiction provisions of Chapter 287, The Workers' Compensation Law ("WCL"). The same day, Crico and Equity Residential moved for summary judgment against Appellants on the basis that they had no duty to eliminate or warn Dority of the danger posed by the overhead power lines located near Unit 9 of The Ethans apartment complex since it was open and obvious as a matter of law. After exhaustive briefing by both parties, the circuit court ultimately granted both motions, leading to this appeal.
In their first point, Appellants argue that the trial court abused its discretion in granting Mayfield Enterprises' motion to dismiss for lack of subject matter jurisdiction because certain affirmatively negligent acts alleged to have been performed by Mayfield created an exception to the exclusivity provisions of the WCL and because there is also a statutory exception to the exclusive remedy and jurisdiction provisions of the WCL when an employer is alleged to have violated provisions of the Overhead Power Line Safety Act, ("OPLSA"), sections 319.075 - 319.090.
Section 287.120 governs the determination of when an injury falls under the WCL. In pertinent part, it states:
1. Every employer subject to the provisions of this chapter shall be liable, irrespective of negligence, to furnish compensation under the provisions of this chapter for personal injury or death of the employee by accident arising out of and in the course of his employment, and shall be released from all other liability therefore whatsoever, whether to the employee or any other person. . . .
2. The rights and remedies herein granted to an employee shall exclude all other rights and remedies of the employee, his wife, her husband, parents, personal representatives, dependents, heirs or next kin, at common law or otherwise, on account of such accidental injury or death, except such rights and remedi
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