Opinion

Curt Peters and Cheri Peters v. Wady Industries, Inc., and Patrick Terrio

  • 489 S.W.3d 784
  • 2016 Mo. LEXIS 189
Court
Supreme Court of Missouri
Filed
Jun 7, 2016
Status
Published
Author
Fischer
On the bench
Chief Justice Patricia Breckenridge
Cited by
77 cases
Authority
More cited than 12.1%

holding the employer has a “nondelegable duty to provide a safe work environment, and it breaches that duty where it charged an employee with the responsibility to provide a reasonably safe work environment but the employee did not so provide” (citation omitted)

How later courts described this case

  • holding the employer has a “nondelegable duty to provide a safe work environment, and it breaches that duty where it charged an employee with the responsibility to provide a reasonably safe work environment but the employee did not so provide” (citation omitted)
  • holding that the scope of the employer’s non-delegable duty to provide a safe workplace included an unsafe manner of work performance where the unsafe manner, through employer acceptance, had become “standard operating procedure[].”
  • noting that, whether a statute is “liberally or strictly construed,” courts “cannot add words to a statute under the auspice of statutory construction”
  • explaining that the “rule[] of . . . strict construction” applies “only when a statute is ambiguous”

Written by the judges who cited it.

The opinion

OPINION CONCURRING IN RESULT

Zel M. Fischer, Judge

I concur with the result reached in the principal opinion, but would overrule the *801 court of appeals’ decision in Leeper v. Asmus, 440 S.W.3d 478 (Mo.App. 2014), and continue to apply the “something more” test consistent with its well-established meaning in this Court. That is, “[a]n employee may sue a fellow employee only for affirmative negligent acts outside the scope of an employer’s responsibility to provide a safe : workplace.” Piatt v. Indiana Lumbermen’s Mut. Ins. Co., 461 S.W.3d 788, 794 (Mo. banc 2015) (internal quotations omitted) (emphasis added). However; as - recognized by the principal opinion, its'holding relevant to the “something more” test is limited to a finite number of cases as it' applies only to cases arising prior to the 2012 amendment to § 287.120.1, an amendment that effectively codified the “something more” test as previously applied by this Court. -Because § 287.120.1 governs co-employee liability cases now and going forward, I decline to fully expound upon the differences I have with the principal opinion. ■

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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