[Download] "Sexton v. Jenkins and Associates" by Missouri Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Sexton v. Jenkins and Associates
- Author : Missouri Court of Appeals
- Release Date : January 03, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Alvin Griffith ("Griffith") appeals from an order of the trial court granting summary judgment in favor of Brother Dominic and Assumption Abbey (collectively referred to as "Defendants") on Griffiths claim of negligence against Defendants for injuries he sustained while working on a construction project at the Abbey. In its summary judgment, the trial court found Defendants were excluded from liability based upon the independent contractor defense, as discussed in Logan v. Sho-Me Power Elec. Coop., 122 S.W.3d 670 (Mo.App. 2003), because Griffith, an injured employee of an independent contractor covered under workers compensation law, could not prove that the Abbey was in control of the premises where the accident occurred. On appeal, Griffith contends the trial court erred in applying premises liability law to exclude Defendants from liability because his claim, as contended in his first point, was against Brother Dominic for general negligence in acting in an unsafe manner, and, as contended in his second point, was against the Abbey for vicarious liability under the doctrine of respondeat superior. Because we find that premises liability law does not apply to Griffiths claims, we reverse the grant of summary judgment and remand the cause for further proceedings.