Rhodes v. Rogers

HOGAN, Judge.

In this case involving an industrial injury, plaintiff appeals from the entry of a summary judgment. We affirm.

This action was commenced in the Circuit Court of Douglas County. The averments of plaintiff’s petition, slightly paraphrased, were: 1) That at all times material, defendant was a partner in an enterprise known as Rogers Brothers Tire Co.; 2) that Rogers Brothers Tire Co. was an “employer” within the scope and intent of § 287.030, RSMo. 1978; 1 3) that at the time of the accident defendant Verlin Rogers “[acted in] a dual capacity, i.e., that of a partner in a…