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WILSON v. ALTRUK FREIGHT SYSTEMS, INC.

No. 17509.

820 S.W.2d 717 (1991)

Gary G. WILSON, Plaintiff-Appellant, v. ALTRUK FREIGHT SYSTEMS, INC., Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

December 12, 1991.

Attorney(s) appearing for the Case

Jim McNabb, Marshfield, for plaintiff-appellant.

William W. Francis, Jr., Placzek & Francis, Springfield, for defendant-respondent.

SHRUM, Presiding Judge.

The plaintiff Gary G. Wilson appeals from a summary judgment denying his negligence claim for damages. The defendant Altruk Freight Systems, Inc., claims the trial court is without subject matter jurisdiction. Rule 55.27(a)(1). That defense is based upon the assertion that the plaintiff is either (a) an employee of the defendant, or (b) a "statutory employee,"1 thus limiting his recovery to the provisions of the...

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