James v. Poppa

PER CURIAM. 1

Rhonda James sued Michael Poppa for medical malpractice alleging that his negligent diagnosis and treatment of injuries she suffered in the course and scope of her employment for Heartland Hospital caused her additional injury. The sole question on appeal is whether the trial court correctly ruled that it had no jurisdiction over James’ malpractice claim against Dr. Poppa because her claim is governed exclusively by the workers’ compensation laws, set out in chapter 287, RSMo 2000.

The trial court’s ruling was erroneous. Chapter 287 is inapplicable where, as here, the defendant…