[DOWNLOAD] "Glen Boswell v. May Centers" by Eastern District, Division Four Missouri Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Glen Boswell v. May Centers
• Author : Eastern District, Division Four Missouri Court of Appeals
• Release Date : January 03, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

We are called upon to decide whether the exclusive remedy provision of the Missouri Workers' Compensation Law, § 287.120(1), RSMo 1978, shields a subsidiary corporation from an action for negligent injuries to an employee of the parent corporation. Plaintiff's petition alleges that he was an employee of May Department Stores, d/b/a Famous Barr Company. While leaving his place of employment he slipped and fell on ice on a parking lot owned and operated by defendant May Centers, Inc. He filed a Workers' Compensation claim against May Department Stores, Inc., which was subsequently settled. He also instituted this action against May Centers, Inc., alleging that his injuries were caused by its negligence in the maintenance of its parking lot. May Centers filed a motion to dismiss asserting that the compensation claim filed by plaintiff was his exclusive remedy. The motion was supported by affidavit of the secretary of May Department Stores Company in which he set forth that May Center is a wholly-owned subsidiary of May Department Stores. The motion was submitted to the trial court on the basis of this affidavit, the deposition of the corporate secretary, and interrogatory answers of the defendant. The motion to dismiss thus became a motion for summary judgment and has been referred to as such by the parties. The motion was sustained by the trial court. Plaintiff appeals. We reverse.

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