State ex rel. Riss International Corp. v. Sanders

REINHARD, Judge.

Relator is one of the defendants in a wrongful death action brought by Connie Ortwig and Julie Ann Ortwig, minors, by their next friend. In that action, they allege that their mother was killed as the result of an accident wherein a tractor-trailer driven by relator’s employee struck a bridge abutment. In its answer, relator contends that the mother was its employee and that she was subject to the Missouri Compensation Act, Chapter 287 RSMo 1969 (section 287.120(2)) and therefore the children’s cause of action for wrongful death was barred as a matter of law.

The record before…