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BURNS v. SMITH

No. SC 87789.

214 S.W.3d 335 (2007)

Eric D. BURNS, Respondent, v. Lynn M. SMITH, Appellant.

Supreme Court of Missouri, En Banc.

February 13, 2007.

Attorney(s) appearing for the Case

M. Courtney Koger, Kansas City, for Appellant.

Anthony L. DeWitt, Edward D. Robertson, Jr., Mary D. Winter, Jefferson City, Michael D. Holzknecht, Paul L. Redfearn, Kansas City, for Respondent.

STEPHEN N. LIMBAUGH, JR., Judge.

This is an appeal of a judgment holding defendant, Lynn M. Smith, liable for damages for personal injuries sustained by plaintiff, Eric D. Burns. The issue is whether plaintiff could maintain this action against defendant, a co-employee, notwithstanding that plaintiff's injuries were covered under the Missouri Workers' Compensation Law. After appeal to the Court of Appeals, Southern District...

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