Legal Opinion

Felling v. Ritter

Missouri Court of Appeals

Decided April 5, 1994No. WD 47926PublishedCited by 18 opinions

1Opinion of the Court

SPINDEN, Judge.

Jill Ann Felling and her children sued six employees of Wire Rope Corporation of America for the wrongful death of Leo Felling. Leo Felling was killed on August 11, 1989, while working at Wire Rope. The Fell-ings’ lawsuit against the employees was, in essence, an attempt to circumvent the exclusivity of the Workers’ Compensation Act. The trial court dismissed their petition, and we affirm.

When we review a trial court’s granting of a motion to dismiss, we give the pleadings their broadest intendment, treat all alleged facts as true, and construe the allegations favorably to the…

2Cases cited5 opinions

  1. Shapiro v. Columbia Union National Bank & Trust Co.Supreme Court of Missouri · 1978
  2. State Ex Rel. Badami v. GaertnerMissouri Court of Appeals · 1982
  3. Tauchert v. Boatmen's National Bank of St. LouisSupreme Court of Missouri · 1993
  4. McCoy v. Liberty Foundry Co.Missouri Court of Appeals · 1982
  5. State Ex Rel. Hartman v. KintzMissouri Court of Appeals · 1992

3Cited by18 opinions

  1. State Ex Rel. Taylor v. WallaceSupreme Court of Missouri · 2002
  2. Crissy Simpson v. Tim ThomureCourt of Appeals for the Eighth Circuit · 2007
  3. Hedglin v. Stahl Specialty Co.Missouri Court of Appeals · 1995
  4. Sexton v. Jenkins & Associates, Inc.Missouri Court of Appeals · 2001
  5. Burns v. Employer Health Services, Inc.Missouri Court of Appeals · 1998

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