McComb v. NorfusAnnotate this Case
The Supreme Court affirmed the judgment of the trial court concluding that Plaintiff’s wrongful death action was barred by the exclusivity provision in Missouri’s workers’ compensation statutes, Mo. Rev. Stat. 287.120.
Edward McComb died while driving a vehicle for his employer. Plaintiff, McComb's widow, brought this suit against McComb’s supervisory co-employees (collectively, Defendants). The trial court granted summary judgment for Defendants. On appeal, Plaintiff argued that whether McComb’s death was attributable to his employer’s nondelegable duty to provide a safe workplace was a question of fact for a jury to decide, thus precluding summary judgment. The Supreme Court affirmed, holding that Plaintiff failed to establish that Defendants owed McComb a duty separate and distinct from his employer’s nondelegable duty to provide a safe workplace, and therefore, summary judgment was properly granted 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).