Zubcic v. Missouri Portland Cement Co.

CRIST, Judge.

Plaintiffs, consisting of the wife, mother, father and dependents of a deceased construction worker, appeal from an order of the trial court dismissing their wrongful death action against Metropolitan Sewer District (sewer district) and Portland Cement Company (landowner). We affirm.

Sewer district had an easement over land owned by landowner. Decedent, an employee of a construction company hired by sewer district to build a sewer line on the easement, was buried alive when the walls of the trench in which he was working collapsed. Plaintiffs subsequently brought this wrongful…