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LEWIS v. GILMORE

No. SC 91834.

366 S.W.3d 522 (2012)

Staci M. LEWIS, and McCartney M.E. Lewis, a minor, by and through her next friend, Burle Brown, Appellants, DOT Transportation, Inc., Appellant, v. Nathan R. GILMORE and Buddy Freeman, Respondents.

Supreme Court of Missouri, En Banc.

June 12, 2012.

Attorney(s) appearing for the Case

George J. Miller , Michael A. Connon , Miller/Salsbury Law Firm, Eureka, Patrick M. Reidy , Anthony F. Porto III , Monaco, Sanders, Gotfredson, Racine & Barber LC, Kansas City, for the Lewises.

W. James Foland , Scott D. Hofer , Foland, Wickens, Eifelder, Roper & Hofer PC, Kansas City, for Gilmore and Freeman.

RICHARD B. TEITELMAN, Chief Justice.

The issue in this case is whether a workers' compensation award against an insured employer bars a wrongful death claim against an uninsured employer. The circuit court held that a workers' compensation award against the insured employer bars the wrongful death claim against the uninsured employer. The judgment is reversed because section 287.280.1, RSMo 2000, allows an injured party...

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