Nolen v Gary Bess, etal
ED 101591 (Mo Ct. App. 2016)
Nov. 29, 2016
Claimant worked as a janitor and sued his employer when he fell from bleachers which he was cleaning. He appealed a summary judgment motion for the defendant that he failed to establish a breach of personal duty outside the duty to provide a safe work place.
The court of appeals reversed and found that allegations that the employer specifically instructed claimant to clean the bleachers without rails and withheld safety equipment was a breach of a personal duty outside the duty to provide a safe work place. The claim arose in the "gap" before 2012 concerning co-employee liability. Claimant alleges he specifically asked for protection from falls and it was not provided.
Claimant's spinal injuries had resulted in paralysis.
