BERLINER v. MILWAUKEE ELEC. TOOL CORP.

No. ED 103507.

501 S.W.3d 59 (2016)

Randy W. BERLINER, Plaintiff/Appellant, v. MILWAUKEE ELECTRIC TOOL CORP., Ameren Corporation, Gary Krupey, Thomas C. See, G. George Haberberger, James Robert Dean, Timothy Carrico and Randy Shell, Defendants, and Ameren Services Corporation, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 15, 2016.

Application for Transfer Denied November 1, 2016.


Attorney(s) appearing for the Case

Attorney for Appellant Randy W. Berliner: Corey Lee Kraushaar, Christopher John Seibold , Co-Counsel 800 Market Street, Suite 1100, St. Louis, MO 63101, BROWN & JAMES, P.C., Mark Justin Gaertner , Co-Counsel, Thomas Edward Schwartz , Co-Counsel, and Justin Daniel Guerra , Co-Counsel: 2000 South 8th Street, St. Louis, MO 63104, Holloran, Schwartz & Gaertner, LLP.

Attorney for Respondent Ameren Services, Co.: Karen Alice Baudenistel, Jeffery Thomas McPherson , Co-Counsel, 7700 Forsyth Blvd., 18th Floor, Clayton, MO 63105, Armstrong, Teasdale, LLP.

Attorney for Defendant Gary Krupey: Karen Alice Baudenistel , 7700 Forsyth Blvd., 18th Floor, Clayton, MO 63105, Armstrong, Teasdale, LLP

Attorney for Defendant Milwaukee Electric Tool Corp.: Kevin Lee Fritz , 714 Locust Street, St. Louis, MO 63101, Lashly & Baer.


OPINION

In December 2011, while employed by Ameren Corporation (d/b/a Union Electric Company, "Union Electric") at its power plant in Labadie, Missouri, Catherine Berliner ("Decedent") was using a hammer drill manufactured by Milwaukee Electric Tool Corporation ("Milwaukee") on an 85-foot-high platform. Decedent...

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