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LUMAN v. ITS TECHNOLOGIES & LOGISTICS, LLC

No. WD 72010.

323 S.W.3d 821 (2010)

Joey Scott LUMAN, Appellant, v. ITS TECHNOLOGIES & LOGISTICS, LLC, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 2, 2010.

Attorney(s) appearing for the Case

John M. Cronan , Overland Park, KS, for Appellant.

David R. Schlee , Kansas City, MO, for Respondent.

Before: VICTOR C. HOWARD, P.J., THOMAS H. NEWTON, and GARY D. WITT, JJ.

THOMAS H. NEWTON, Judge.

Mr. Joey Scott Luman appeals the trial court's judgment dismissing his personal injury suit against ITS Technologies & Logistics, LLC ("ITS") and finding that Missouri Workers' Compensation Law, RSMo section 287.010, et seq., ("Workers' Compensation") governed the action. Mr. Luman contends his claim was governed by the Federal Employer's Liability Act ("FELA"), 45 U.S.C. § 51 et seq. We reverse and remand.

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