Kurt Hentz and David Deterding Obtain Dismissal with Prejudice for Client
Kurt Hentz and David Deterding recently obtained a dismissal with prejudice on behalf of their client Missouri-American Water Company “MAWC” in a case involving claims of co-employee liability. Plaintiff claimed that he was injured while at work by a piece of machinery due to the negligence of his co-employees. Specifically, Plaintiff alleged that his co-employees negligently operated certain machinery and failed to warn of the dangers created by their negligent actions. The Court agreed with MAWC’s contention that all such duties are subsumed within the employer’s non-delegable duty to maintain a safe work place. Accordingly, the Court dismissed the action against the co-employees with prejudice.