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LEEPER v. ASMUS

No. WD 76772.

440 S.W.3d 478 (2014)

Skyler LEEPER, Appellant, v. Andy ASMUS, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 24, 2014.

Application for Transfer Denied September 30, 2014.

Attorney(s) appearing for the Case

Paul L. Redfearn III and Michael D. Wallis , Independence, MO, for appellant.

Byron A. Bowles, Jr. and Gregory T. Cook , St. Louis, MO, for respondent.

Before Division One: CYNTHIA L. MARTIN, Presiding Judge, MARK D. PFEIFFER, Judge and KAREN KING MITCHELL, Judge.

CYNTHIA L. MARTIN, Judge.

This case involves a claim of co-employee liability for a workplace injury which occurred between the 2005 and 2012 amendments of the Workers' Compensation Act ("Act"). Skyler Leeper ("Leeper") appeals from the trial court's dismissal of his amended petition for failure to state a claim. Leeper's amended petition alleged that co-employee Andy Asmus ("Asmus") breached a personal duty of care owed...

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