Jamie Overstreet v TAMKO Building
Release date: June 8, 2021 (Feb. 2018)
Venue: Joplin
summary: Claimant alleges injuries to the left knee from twisting while walking on a level surface and his knee surgery flowed from the accident. Claimant failed to show that changing directions while walking was a hazard he would not have equally encountered outside of work to establish a work related risk arising out of employment. Claimant acknowledged similar exposure of walking on asphalt and changing directions in public parking lots while shopping and failed in his burden of persuasion from "smoke and mirrors" testimony that walking over "more" uneven surfaces at work or wearing boots contributed to an increased risk hazard.
Cast
Fisher
Peterson
Sparlin
Koprivica
Comments An operations manager testified regarding his personal knowledge of the condition of the place of the alleged accident and similar asphalt lots in he community and opined there was no material difference.
The dissent felt claimant established increased hazard through cracked, uneven, inclined and low lit asphalt surface.
