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Nowlin v. Nichols5/31/2005
. This is not the kind of purposeful, affirmatively dangerous conduct that Missouri courts have recognized as moving a fellow employee outside the protection of the Workers' Compensation Law's exclusive remedy provisions. In other words, an allegation that an employee failed to drive safely in the course of his work and injured a fellow worker is not an allegation of "something more" than a failure to provide a safe working environment.
Id. at 622.
As in Taylor, the petition here alleges that Mr. Nichols negligently failed to discharge his duty to safely operate a bulldozer. A simple allegation of negligent operation of machinery or a vehicle is not "something more" than an allegation of a breach of duty to maintain a safe working environment. Accordingly, the Appellant's exclusive remedy is under the Workers' Compensation Law, and the trial court lacked subject matter jurisdiction to proceed on the wrongful death claim. Finding no abuse of discretion, we affirm the judgment of dismissal.
All concur.
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