State ex rel Beutler Inc. dba George J Shaw Construction et al v Hon. Sandra Midkiff
Release date: April 6, 2021 (Mo Supreme Court) (2016 date of accident)
Summary: McArthur was injured on a construction site and sues in tort and subcontractors asserted statutory employment defense under 287.040.2. The court made a preliminary writ permanent and reversed the circuit court which would have allowed the action to go forward. the Supreme Court in a 6-0 sustained the writ of mandamus pursued by Shaw and Henderson as they were immune from liability in the underlying negligence claim.
Claimant alleged an injury when his head hit the ceiling of a cab, which he asserts was caused when Henderson allegedly dumped an "oversized" load of excavated material in the truck.
The circuit court found an exception that a defendant was a for-hire motor carrier operating within a section 390.020 commercial zone. The court found 287.040.4 provided an exception only when the claimant is in a relationship subject to the 390.020 provision and not a relationship between other parties upstream. The court notes it is "inescapable" that the statutory employment chain applies to subcontractors and subcontractors of subcontractors.
The court rejected a constitutional challenged that 287.040.2 waives a constitutional right to a jury to determine the rights involving third parties: "the exclusive remedy provision is not limited to claims against direct employers ..."
