Eaker v. Kansas City Power & Light Co.

Alok Ahuja, Chief Judge, James Eaker alleges that he was injured when he stepped through a gap in a walkway while repairing the boiler at a power plant owned and operated by Kansas City Power and Light Company (“KCP & L”).1 At the time of his injury, Eaker was employed by a third-party, boiler-maintenance-and-repair contractor,, not by KCP & L. Eaker sued KCP & L for his bodily injuries, claiming that the company had failed to use'ordinary care to remedy or warn of the gap in the walkway. The circuit court granted summary judgment to KCP & L, finding that it was Eaker’s statutory employer…