Burns v. Smith

STEPHEN N. LIMBAUGH, JR., Judge.

This is an appeal of a judgment holding defendant, Lynn M. Smith, hable for damages for personal injuries sustained by plaintiff, Eric D. Burns. The issue is whether plaintiff could maintain this action against defendant, a co-employee, notwith standing that plaintiffs injuries were covered under the Missouri Workers’ Compensation Law. After appeal to the Court of Appeals, Southern District, this Court granted transfer. Mo. Const, art. V, sec. 10. The judgment is affirmed.

This was a court-tried case. The facts are largely uncontested, but to the extent there is…