LOOPER v. CARROLL

No. WD 65837.

202 S.W.3d 59 (2006)

James A. LOOPER, Appellant, v. Todd Q. CARROLL, Defendant; Scott Hanlan d/b/a Strate Line Construction, Respondent.

Missouri Court of Appeals, Western District.

September 29, 2006.


Attorney(s) appearing for the Case

Rian F. Ankerholz, Esq., Overland Park, KS, Attorney for Appellant.

Michale E. McCausland, Esq., Kansas City, MO, Attorney for Respondent.

Aaron J. Racine, Esq., Kansas City, MO, Attorney for Defendant.

Before: HOWARD, C.J., ELLIS and HARDWICK, JJ.


LISA WHITE HARDWICK, Judge.

James Looper appeals from the dismissal of his Petition for Damages for lack of subject matter jurisdiction. Looper contends the circuit court erred in determining that he is a "statutory employee" whose exclusive remedy for injuries is under the Workers' Compensation Law. For reasons explained herein, we reverse the dismissal of the petition.

FACTUAL AND PROCEDURAL HISTORY

On January 22, 1999, Looper was injured while...

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