Legal Opinion · Concurrence

Conner v. Ogletree

Supreme Court of Missouri

Decided March 6, 2018No. SC 95995; No. SC 95997Published

1ConcurrenceGeorge W. Draper Iii, Judge

While recognizing this Court's opinions regarding the application of the nondelegable duty doctrine in the co-employee liability cases handed down today are limited to actions against co-employees for injuries between 2005 and 2012, I write separately to preserve the right to find co-employee liability in limited circumstances. I believe the principal opinion announces a new standard, expanding the employer's nondelegable duties to any foreseeable act and resulting in a flawed analysis. I concur in the result only.

*329The principal opinion focuses on whether the action or injury was foreseeable.…

2Cases cited7 opinions

  1. Curt Peters and Cheri Peters v. Wady Industries, Inc., and Patrick TerrioSupreme Court of Missouri · 2016
  2. Tauchert v. Boatmen's National Bank of St. LouisSupreme Court of Missouri · 1993
  3. Paige Parr, a minor, by and through her Conservator, Janett Waid, Jerimy Morehead, and Charles Parr v. Charles Breeden, Wendy Cogdill, and Melanie ButtrySupreme Court of Missouri · 2016
  4. Burns v. SmithSupreme Court of Missouri · 2007
  5. Marshall v. Kansas CitySupreme Court of Missouri · 1956

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