Tauchert v. Boatmen's National Bank of St. Louis

Plaintiff Walter Raymond Tauchert appeals from the trial court’s summary judgment for defendant Russell Ritz, on plaintiff’s common law claim for personal injuries against a co-employee. The Court of Appeals, Eastern District, transferred this case to this Court in order to re-examine the issue of co-employee liability under the workers’ compensation act. 1 Mo. Const, art. V, §10. Reversed and remanded.

On October 17, 1985, plaintiff was injured as he was standing on top of an elevator cab when it fell five or six floors to the bottom of an elevator shaft. On February 27, 1990, plaintiff filed…