Legal Opinion
Fortenberry v. Buck
Missouri Court of Appeals
Decided March 16, 2010No. WD 70490PublishedCited by 14 opinions
1Opinion of the Court
KAREN KING MITCHELL, Judge.
This is a negligence ease where the plaintiff alleges that he was injured by the acts of his co-employee. The circuit court dismissed the lawsuit for lack of subject matter jurisdiction. In light of McCracken v. Wal-Mart Stores East, LP, 298 S.W.3d 473, 474-79 (Mo. banc 2009), we reverse and remand with instructions to apply the standard applicable to motions for summary judgment.
Facts and Procedural Background
On February 24, 1997, Orlando Forten-berry was employed as a utility body man by Ford Motor Company (“Ford”) at Ford’s manufacturing facility in Claycomo,…
2Cases cited6 opinions
- ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
- McCracken v. Wal-Mart Stores East, LPSupreme Court of Missouri · 2009
- State Ex Rel. Badami v. GaertnerMissouri Court of Appeals · 1982
- Burns v. Employer Health Services, Inc.Missouri Court of Appeals · 1998
- Nowlin Ex Rel. Carter v. NicholsMissouri Court of Appeals · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Carman v. WielandMissouri Court of Appeals · 2013
- Evans v. Empire District Electric Co.Missouri Court of Appeals · 2011
- Treaster v. BettsMissouri Court of Appeals · 2010
- Cooper v. Chrysler Group, LLCMissouri Court of Appeals · 2011
- Flowers v. City of CampbellMissouri Court of Appeals · 2012
9 more not listed; retrieve them via the Exa API.