Logsdon v. Killinger

KERRY L. MONTGOMERY, Judge.

In this -wrongful death case, Plaintiffs are the father, surviving spouse, and daughter of William D. Logsdon (Decedent). The trial court dismissed Plaintiffs’ petition against Charles Killinger (Defendant) for failure to allege sufficient facts to establish a claim for negligence not barred by the Workers’ Compensation Law.

With regard to Defendant,1 Plaintiffs’ petition alleges that the decedent died while working on his job with Dalton Kil-linger Construction Company (Employer); that Decedent was working over 20 feet above ground on a platform raised by the forks…