State Ex Rel. J.E. Jones Construction Co. v. Sanders

CRAHAN, Judge.

This is an original proceeding in prohibition filed by Relator J.E. Jones Construction Company (“Relator”) seeking to prevent Respondent circuit judge (“Respondent”) from exercising jurisdiction in the underlying personal injury action. Relator moved to dismiss for lack of subject matter jurisdiction on the ground that at the time of the injury, it was a statutory employer of Plaintiff pursuant to § 287.040.1 RSMo 1986 1 and therefore Plaintiffs remedy was limited to that provided by the Workers’ Compensation Law. Respondent denied the motion on the ground that there was a…