Missouri Court of Appeals, Western District / Apr 24, 2018
James Barger vs. Kansas City Power & Light Company
James Barger, an employee of a contractor, sued Kansas City Power & Light Company (KCP&L) for negligence after being injured at a KCP&L plant. KCP&L moved for summary judgment, asserting Barger was a statutory employee under Missouri's Workers' Compensation Law, which would bar his negligence claim. The trial court granted summary judgment for KCP&L. The appellate court reversed and remanded, holding that genuine disputes of material fact existed regarding whether Barger's work was within KCP&L's usual course of business, thus precluding summary judgment on the statutory employee defense.