McCracken v. Wal-Mart Stores East, LP

LAURA DENVIR STITH, Judge.

The circuit court dismissed J. Michael McCracken’s negligence claim against Wal-Mart Stores East, LP, holding that it lacked subject matter jurisdiction over the claim because Mr. McCracken is a statute- ry employee of Wal-Mart under section 287.040.1 of the Workers’ Compensation Law (“the Act”). 1 As a result, the court held, exclusive jurisdiction of his claim is vested in the Labor and Industrial Relations Commission.

This Court reverses and remands. Mr. McCracken’s action is a civil case sounding in negligence. As such, the circuit court has subject matter…