Opinion

Ballinger v. Gascosage Electric Cooperative

  • 788 S.W.2d 506
  • 1990 Mo. LEXIS 44
  • 1990 WL 45735
Court
Supreme Court of Missouri
Filed
Apr 17, 1990
Status
Published
Author
Billings
On the bench
Blackmar, Rendlen, Higgins, Covington, Satz, Robertson, Billings, Holstein
Cited by
37 cases

Overruled on other grounds by Zueck v. Oppenheimer Gateway Properties, Inc., 809 S.W.2d 384 (1991)

explaining that under the inherently dangerous activity exception, the employer "remains liable for the torts of the contractor[] simply for commissioning the activity. The liability attaches without any need for showing that the employer is in any respect negligent. It is purely vicarious."

How later courts described this case

  • explaining that under the inherently dangerous activity exception, the employer "remains liable for the torts of the contractor[] simply for commissioning the activity. The liability attaches without any need for showing that the employer is in any respect negligent. It is purely vicarious."
  • holding that where party has been negligent, a finding that the party was a joint venturer with plaintiff’s employer would preclude common law liability
  • finding the activity of installing conductors in the vicinity of an energized electric line was inherently dangerous
  • overruled on unrelated grounds by Zueck v. Oppenheimer Gateway Properties, Inc. , 809 S.W.2d 384 (Mo. banc 1991)

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Zueck v. Oppenheimer Gateway Properties, Inc., 809 S.W.2d 384 (1991)

    788 S.W.2d 506, 516 (Mo.1990), overruled on other grounds by Zueck v. Oppenheimer Gateway Props., 809 S.W.2d 384 (Mo.1991);
    Supreme Court of MissouriJun 11, 19916 citing opinionsother groundsRead it

The opinion

BILLINGS, Judge,

concurring in part and dissenting in part.

I concur in the principal opinion except as to that part which holds punitive damages cannot be recovered in this case. The reasons expressed by the Chief Justice to support the award of actual damages would, in my view, adequately support submission and recovery of punitive damages. Accordingly, I concur in part and dissent in part.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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