Parr v. BreedenAnnotate this Case
While driving a commercial motor vehicle for his employer, Kevin Parr was killed when his truck was involved in a single-vehicle accident. Plaintiffs, Parr’s two children and father brought a wrongful death action against three of Parr’s supervisory co-employees, Charles Breeden, Wendy Cogdill, and Melany Buttry. The circuit court entered judgment on the defendants’ motion for summary judgment. On appeal, plaintiffs asserted that the circuit court erred in granting judgment in favor of the defendants because there was a genuine dispute of material fact as to the defendants’ negligence as well as to whether the defendants breached duties that arose from federal regulations that are separate and distinct from the employer’s nondelegable duty to provide a safe workplace for all employees. After review, the Missouri Supreme Court found that the duties plaintiffs alleged defendants owed to Parr were part of their employer’s nondelegable duty to provide a safe workplace. Further, federal regulations did not prove the existence of a personal duty separate and distinct from the employer’s nondelegable duty to provide a safe workplace. Because plaintiffs failed to establish that defendants owed Parr a duty separate and distinct from the employer's nondelegable duty to provide a safe workplace, the Court affirmed the circuit court’s grant of summary judgment.