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Feb 6, 2015

Baker Sterchi prevails on appeal of a construction injury claim.


Plaintiff, an employee of a second tier sub-contractor, appealed the granting of summary judgment in favor of our clients, the general contractor and first tier sub-contractor on a project at the University of Missouri Kansas City.  The trial court found the duty to provide a safe workplace was the non-delegable duty of Plaintiff’s employer (second tier sub-contractor), and alternatively, the general contractor and first tier sub were the statutory employers of the plaintiff under the workers compensation statute regardless of whether or not they paid any benefits.  The Missouri Court of Appeals heard oral argument and affirmed the trial court’s judgment holding Plaintiff’s sole remedy was through workers compensation, which his direct employer paid.