ANDERSON v. KEN KAUFFMAN & SONS EXCAVATING

No. WD 66777.

248 S.W.3d 101 (2008)

Nicholas ANDERSON by his Next Friend, Crystal ANDERSON, Appellant, v. KEN KAUFFMAN & SONS EXCAVATING, L.L.C., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 25, 2008.


Attorney(s) appearing for the Case

Daniel C. Mizell, Esq., Lebanon, Daniel E. Hunt, Esq., Jefferson City, MO, for Appellant.

Scott R. Pool, Esq., Jefferson City, MO, for Respondent.

Before, HOWARD, C.J., LOWENSTEIN, ULRICH, BRECKENRIDGE, SPINDEN, SMART, ELLIS, NEWTON, HOLLIGER, HARDWICK, JJ., and MARTIN, S.J.


Motion for Rehearing and/or Transfer to Supreme Court Denied March 25, 2008.

PATRICIA BRECKENRIDGE, Judge.

Nicholas Anderson, by and through his mother as next friend, Crystal Anderson, appeals the trial court's judgment dismissing his claim for wrongful death for lack of subject matter jurisdiction. Specifically, the trial court found that Nicholas's petition alleged facts that fall within the exclusive jurisdiction of the Division of Workers' Compensation...

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