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State ex rel Larkin v. Oxenhandler1/18/2005
before throwing angle iron from a rooftop). Respondent's contention that a driver is statutorily required to exercise a higher degree of care to avoid colliding with pedestrian is similarly without merit and is governed by the controlling ideas expressed in Taylor . The simple fact that a co-employee is required to be "more careful" in his duty to maintain a safe working environment does not convert the duty into "something extra." See State ex. rel. Taylor , 73 S.W.3d at 622.
The Plaintiff's First Amended Petition fails to allege the "something more" or "something extra" required to deprive the Labor and Industrial Relations Commission of exclusive jurisdiction over the claim. As such, the circuit court lacked subject matter jurisdiction over the wrongful death action filed against Mr. Larkin.
The writ of prohibition is made absolute.
All concur.
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