Howell v. Lone Star Industries, Inc.

SULLIVAN, Judge.

Appellant Vicki Howell (Howell) appeals from a trial court judgment granting a Motion to Dismiss for lack of subject matter jurisdiction filed by Respondent Lone Star Industries, Inc. (Lone Star) and denying Howell’s Motion for Partial Summary Judgment. Howell brought a Petition for wrongful death against Lone Star for the death of her husband Carl Howell, Jr. (Decedent). The trial court sustained without prejudice Lone Star’s Motion to Dismiss pursuant to Section 287.040.1, 1 finding that, as a matter of law, Decedent was a statutory employee of Lone Star and relief pursuant…