The materials below are provided solely for the interest and convenience of the reader, are not official Court records, and should not be quoted or cited as such. Once cases are docketed, the briefs filed by the parties typically are posted within a day or so. Summaries of the cases are prepared by the Court’s communications counsel and typically are posted the week before arguments. Audio files and information about attorneys who argued typically are posted within a day or so after arguments.  Further information about the cases may be available through Case.net.


SC95995
Michael Conner v. Dale Ogletree and Scott Kidwell
Wright County
Propriety of judgment in favor of co-employees in negligence case
Listen to the oral argument: SC95995.mp3
Conner was represented during arguments by Stephen E. Walsh of Walsh & Walsh LLC in Poplar Bluff; Ogletree and Kidwell were represented by Terry M. Evans of Andereck, Evans, Widger, Lewis & Figg LLC in Smithville.

While working as a journeyman lineman/electrician for Intercounty Electric Cooperative Association in December 2007, Michael Conner suffered a shock by 7,200 volts, throwing him off an elevated platform. As a result of the spinal injuries he sustained, Conner is a quadriplegic. He filed a personal injury negligence suit in August 2012 against a coworker, Scott Kidwell, and an on-site supervisor, Dale Ogletree. In May 2014, the circuit court entered entered summary judgment (judgment on the court filings, without a trial) in favor of Ogletree and Kidwell. Conner appeals.

This appeal presents one primary question for this Court – whether Conner pleaded a submissible co-employee negligence claim against Ogletree and Kidwell in light of this Court’s recent decisions in Parr v. Breeden and Peters v. Wady Industries Inc. and, if so, whether he presented sufficient facts to prohibit entry of summary judgment. Related issues involve whether Ogletree and Kidwell owed Conner duties of care independent of their employer’s non-delegable duties and, if so, whether they breached those duties by negligently carrying out the details of their work by failing to follow workplace safety rules, failing to ensure the system was tested for voltage and incorrectly advising Conner the system was de-energized.

SC95995_Conner_brief
SC95995_Ogletree_and_Kidwell_brief
SC95995_Conner_reply_brief


SC95997
Russell Evans v. Ron Wilson and Monte Barrett
Greene County
Propriety of judgment in favor of co-employee in negligence case
Listen to the oral argument: SC95997.mp3
Evans was represented during arguments by C.J. Moeller, an attorney in Springfield; Barrett was represented by Michael Ward of Brown & James in St. Louis.

While working for Wilco Contractors at a construction site in November 2009, Russell Evans’ leg was injured when he was struck by a forklift operated by his coworker, Monte Barrett. Evans filed a personal injury negligence suit alleging, in part, that Barrett was not certified at the time of the incident to operate a forklift. In January 2014, the circuit court entered summary judgment (judgment on the court filings, without a trial) in Barrett’s favor. Evans appeals.

This appeal presents one primary question for this Court – whether Evans pleaded a submissible co-employee negligence claim against Barrett under the law applicable at the time of the incident. Related issues involve whether Barrett owed Evans a personal duty of care independent of their employer’s nondelegable duties; whether, if so, Barrett breached this duty through an affirmative negligent act; and whether Evans’ injury was due to any failure by his employer to discharge its nondelegable duty to provide a safe workspace.

SC95997_Evans_brief_filed_in_SD
SC95997_Barrett_brief_filed_in_SD
SC95997_Evans_reply_brief_filed_in_SD


SC96030
Matthew Fogerty v. Rick Armstrong and Larry Meyer
St. Louis County
Propriety of judgment in favor of co-employee in negligence case
Listen to the oral argument: SC96030.mp3
Fogerty was represented during arguments by Michael Gross of the Michael Gross Law Office in St. Louis; Meyer was represented by Kathleen Schlef Hamilton of HeplerBroom LLC in St. Louis.

While employed for Wright Construction Services in October 2011, Matthew Fogerty was injured when he was struck by the forks outfitted onto a front loader operated by his coworker Larry Meyer, a project supervisor and fellow carpenter, as they were moving large stones to install a fountain at a construction site. Fogerty filed a personal injury negligence suit against Meyer. In October 2013, the circuit court entered summary judgment (judgment on the court filings, without a trial) in Meyer’s favor and subsequently overruled Fogerty’s motion for a new trial. Fogerty appeals.

This appeal presents one primary question for this Court – whether Fogerty presented sufficient evidence of genuine issues of material fact and, if not, whether Meyer was entitled to judgment as a matter of law under this Court’s recent decisions in Parr v. Breeden and Peters v. Wady Industries Inc. Related issues involve whether Meyers owed Fogerty a personal duty of care independent from their employer’s nondelegable duties to provide a safe workplace and a safe method of work; whether, if so, Meyers breached this duty by failing to operate the front loader in a reasonably safe manner and failing to warn Fogerty promptly of imminent danger.

SC96030_Fogerty_brief
SC96030_Meyer_brief
SC96030_Fogerty_reply_brief


SC96042
Nadine McComb v. Gregory Norfus and David Cheese
Cole County
Propriety of judgment in favor of co-employees in negligence case
Listen to the oral argument: SC96042.mp3
McComb was represented during arguments by David M. Zevan of Zevan Davidson Roman LLC in St. Louis; Norfus and Cheese were represented by Ronald C. Willenbrock of Evans & Dixon LLC in St. Louis.

While working as an evening courier for St. Mary’s Health Center during a winter ice storm in January 2009, Edward McComb was killed when his delivery vehicle spun out of control on an icy highway, overturned and crushed him to death. His widow filed a wrongful death negligence suit against McComb’s supervisors, Gregory Norfus and David Cheese, alleging they ordered him onto his route and to continue making deliveries notwithstanding the governor had declared a state of emergency, despite McComb’s warning to them that conditions were poor and that his windshield was freezing and in disregard for their employer’s inclement weather policy. In June 2014, the circuit court entered summary judgment (judgment on the court filings, without a trial) in favor of Norfus and Cheese. McComb’s widow appeals.

This appeal presents one primary question for this Court – whether a genuine issue of material fact exists as to whether McComb’s death was attributable to his employer’s nondelegable duty to provide a safe workplace. Related issues involve the parameters of the employer’s inclement weather policy as it related to McComb’s job; whether Norfus and Cheese owed McComb personal duties of care independent of the master-servant relationship or their employer’s nondelegable duties under this Court’s recent decisions in Parr v. Breeden and Peters v. Wady Industries Inc.; and whether, if so, they breached these duties by ordering McComb to continue his delivery route.

SC96042_McComb_brief
SC96042_Norfus_and_Cheese_brief
 
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