Malek v. Hankins

Austin A. Malek appeals a judgment of the Twelfth Judicial District Court, Chouteau County, which granted Joe Hankins’motion for summary judgment on this claim of negligence in the workplace. We affirm.

The issue is whether the District Court erred in ruling that Hankins, an employee of Malek, Inc., cannot be deprived of his co-employee immunity from suit by the corporation’s election not to provide workers’ compensation coverage for its officer and employee, Malek.

Austin Malek was a compensated director and officer (president) of Malek, Inc. Joe Hankins was an employee of the corporation. In…