Negligence : Co-Employee Liability – Safe Workplace – Duty

Where a plaintiff who was injured when a stack of dowel baskets fell on him at a construction site claimed that his supervisor breached his duty to exercise reasonable care for his safety by allowing unsafe stacking, the trial court did not err in dismissing the plaintiff’s action because the allegations of negligence were inseparable from the employer’s non-delegable duty to provide a safe workplace.

Split of authority

Dissenting opinion by Norton, J.: “I respectfully dissent. The majority finds it is not necessary to resolve the conflict between our Court and the Western District on the standard to be used for determining co-employee liability for the negligent injury of fellow employees in the workplace. The majority also finds the first amended petition failed to allege Terrio had a duty independent from Tramar’s non-delegable duty to provide a safe workplace. I disagree with both of these findings.

“The Western District’s recent decision in Leeper v. Asmus created a split of authority in Missouri regarding an employee’s liability for negligence committed against a co-employee between 2005 and 2012 amendments to the Workers’ Compensation Law.”

Judgment is affirmed. Transferred to Supreme Court.

Peters v. Wady Industries, Inc. (MLW No. 66931/Case No. ED100699 – 6 pages) (Missouri Court of Appeals, Eastern District, Ahrens, J.) Appealed from circuit court, St. Charles County, Cunningham, J. (James Dowd for appellant) (John Rahoy and Gerard Noce for respondent).

Read the full text of this opinion. (PDF)