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STATE EX REL. MW BUILDERS, INC. v. MIDKIFF

No. SC 87773.

222 S.W.3d 267 (2007)

STATE ex rel. MW BUILDERS, INC., Relator, v. The Honorable Sandra C. MIDKIFF, Respondent.

Supreme Court of Missouri, En Banc.

May 1, 2007.

Attorney(s) appearing for the Case

Theresa A. Otto, John J. Gates, Kansas City, for Relator.

John H. Norton, Kathryn S. Perkins, Richard F. Lombardo, Charles H. Stitt, Joseph J. Roper, Lynn Weddle Judkins, Kansas City, for Respondent.

STEPHEN N. LIMBAUGH, Jr., Judge.

This proceeding arises from an underlying personal injury suit brought by Randy Piveral against MW Builders, Inc. (MWB). MWB seeks a writ to bar the exercise of subject matter jurisdiction over Piveral's common law tort claim and asserts that Piveral is a statutory employee as defined under sections 287.040.1 and 287.040.3, RSMo 2000, that Missouri's Workers' Compensation Law is Piveral's exclusive remedy, and that jurisdiction rests...

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