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RUCKER v. EBLING

No. ED 91751.

278 S.W.3d 243 (2009)

Daryl RUCKER, Appellant, v. Michael EBLING and Schnuck Markets, Inc., Respondents.

Missouri Court of Appeals, Eastern District, Division One.

March 17, 2009.

Attorney(s) appearing for the Case

David M. Nissenholtz, Clayton, MO, for appellant.

Brian N. Brink, St. Louis, MO, for respondents.

Before KURT S. ODENWALD, P.J., GLENN A. NORTON, J., and PATRICIA L. COHEN, J.

ORDER

PER CURIAM.

Daryl Rucker ("Plaintiff) appeals from the judgment of the Circuit Court of St. Louis City granting Defendants Michael Ebling ("Ebling") and Schnuck Markets, Inc.'s ("Schnucks") motion to dismiss Plaintiffs negligence action for lack of subject matter jurisdiction on the grounds of workers' compensation exclusivity. Plaintiff contends that the trial court erred in dismissing his petition because: (1) Defendants failed to prove that...

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