Page v. Clark Refining & Marketing, Inc.

HOFF, Judge.

Dorothy Page (plaintiff) brought this common law action for the wrongful death of her daughter. Plaintiffs petition alleges her daughter, Almetrius Matthews, was killed while working at a service station managed by Frank Moll and owned by Clark Refining & Marketing, Inc. (defendants). The allegations of negligence were defendants failed to provide adequate security devices and training. Defendants filed a motion to dismiss, arguing plaintiffs exclusive remedy for compensation for the alleged wrongful death of her daughter was under the Workers’ Compensation Act. The trial court…