Dorris v. Kohl

ALOK AHUJA, Judge.

Dustin Dorris lost several of the toes on his left foot in 'an accident in a feed mill owned by his employer Samuel Kohl. Dor-ris brought an action claiming negligence per se, based on Kohl’s alleged violation of a provision of the “Factory Act,” § 292.020. 1 A jury returned a verdict in favor of Kohl. The trial court set the verdict aside as against the weight of the evidence, and granted Dorris a new trial. Kohl appeals, arguing that the Factory Act is inapplicable to his feed mill, and that Dorris failed to make a submissible case even if the Factory Act applied. We…