Combs v. City of Maryville

PRITCHARD, Judge.. The issue is whether appellants’ exclusive remedy for compensation for the alleged wrongful death of their twenty-five year old daughter is under the Workers’ Compensation Law. Agreeing that it was, the trial court sustained respondent’s motion to dismiss appellants’ petition on that basis.

The petition alleged that appellants’ daughter, Vera Combs, met her death as an employee of respondent when an excavation for the construction of a sewer line respondent was constructing collapsed upon her. The various allegations of negligence, paraphrased, were that respondent failed to…