Hedglin v. Stahl Specialty Co.

I concur. I agree with the analysis of the majority concerning the “dual capacity” issue and concur in the reinstatement of the claim against Corkran, Hedglin’s co-employee. I write separately to express some concerns as to the vagueness of current Missouri law on the issue of co-employee liability.

Section 287.120.1, RSMo 19941 provides that an employer subject to the provisions of Missouri Workers’ Compensation Law “shall be released from all other liability therefor whatsoever, whether to the employee or any other person.” Section 287.150.1 states that:

*928Where a third person is liable to the…