Fogerty v. ArmstrongAnnotate this Case
In this personal injury suit, the trial court properly granted summary judgment in favor of Defendant under Parr v. Breeden, 489 S.W.3d 774, 778 (Mo. banc 2016) and Peters v. Wady Industries, Inc., 489 S.W.3d 784, 789-90 (Mo. banc 2016).
Matthew Fogerty brought this action against Larry Meyer, his co-employee, seeking damages for injuries he sustained while the parties were working together. After the accident, Fogerty filed and settled a workers’ compensation claim for his injuries. Fogerty then filed this personal injury lawsuit against Meyer. Meyer filed a motion for summary judgment, arguing that he was entitled to judgment as a matter of law because Fogerty failed to show that Meyer breached a duty separate and distinct from the employer’s nondelegable duty to provide a safe workplace. The circuit court agreed. The Supreme Court affirmed, holding that Meyer’s negligence was a breach of the employer’s nondelegable duty to provide a safe workplace, not a breach of a duty “separate and distinct” from the employer’s duty.