Negligence : Co-Employee Liability – Personal Injury – Reckless Conduct

Where a man who worked for a car rental company brought claims for negligence and reckless conduct against his co-worker after she hit him as she drove out of a car wash, summary judgment for the co-worker is reversed and remanded because the co-worker’s making of a prohibited left turn and her failure to stop at a stop sign, failure to look, honk or signal was reckless conduct that constituted affirmative acts sufficient to establish co-worker liability.

Judgment is reversed and remanded.

Fowler v. Phillips (MLW No. 69610/Case No. ED100801 – 6 pages) (Missouri Court of Appeals, Eastern District, Gaertner, J.) Appealed from circuit court, St. Louis County, Vincent III, J. (Matthew J. Sauter for appellant) (Jason D. Guerra and Ted L. Perryman for respondent).

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