Lewis v. Gilmore
Annotate this CaseLonnie Lewis died when the tractor trailer in which he was a passenger overturned. The driver of the truck, Nathan Gilmore, was employed by Buddy Freeman, and Freeman operated the tractor trailer pursuant to a contract with DOT Transportation. Neither Freedman nor DOT carried workers' compensation insurance. Lewis' dependents filed a claim for workers' compensation against Freeman and DOT and a wrongful death action against Freeman and Gilmore. An ALJ entered an award in favor of Lewis' dependents. After the entry of the workers' compensation award, DOT intervened in the Lewises' wrongful death action. The circuit court granted summary judgment in favor of Gilmore and Freeman, finding the wrongful death action was barred because the Lewises had made an election of remedies when they obtained a workers' compensation award against DOT. The Supreme Court reversed, holding that the Lewises' civil action against Freeman was not barred by their workers' compensation award from DOT, as Mo. Rev. Stat. 287.280 allowed the Lewises to proceed in a civil action against Freeman as a result of his failure to insure his liability under the Missouri workers' compensation laws even though the Lewises obtained a workers' compensation award against DOT.
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