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STATE EX REL. BARNES HOSP. v. TILLMAN

No. 51661.

714 S.W.2d 538 (1986)

STATE of Missouri, ex rel. BARNES HOSPITAL, Relator, v. The Honorable Daniel T. TILLMAN, Judge of the Circuit Court of the City of St. Louis, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

August 26, 1986.

Attorney(s) appearing for the Case

Dennis G. Collins, Jeffrey T. Demerath, Laura Kipnis, Greensfelder, Hemker, Wiese, Gale & Chappelow, P.C., St. Louis, for relator.

MacArthur Moten, Law Offices of MacArthur Moten, St. Louis, for respondent.

CARL R. GAERTNER, Judge.

This is prohibition. Relator, Barnes Hospital, seeks our order compelling respondent to sustain its motion to dismiss plaintiff's petition on the ground of lack of subject matter jurisdiction under the exclusive remedy provision of the Workers' Compensation Law, § 287.120.2, RSMo. 1978.

In the underlying action, plaintiff, Mary Johnson, seeks to recover damages for an alleged assault and battery. In Count I of her petition she...

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