Lyon v. McLaughlin

ULRICH, Chief Judge, Presiding Judge.

Larry and Pamela Lyon appeal from the trial court’s order granting summary judgment in favor of defendants Tony McLaughlin and Joe DiMarco in the action for negligence. Mr. Lyon was an employee of Hunt Midwest Mining when his back was injured while he was being supervised by Mr. McLaughlin and where Mr. DiMarco was “in charge” of safety. The action is to recover against the two named fellow employees of Hunt Midwest Mining on a theory of “coworker liability” after recovery by Mr. Lyon under Missouri’s Worker’s Compensation statute. Mr. Lyon raises two…