Missouri Court of Appeals, Eastern District / Jun 8, 2021
Brenda Linkous, Appellant, v. Kirkwood School District, Respondent.
Brenda Linkous sued Kirkwood School District (KSD) for negligence after she was injured in its parking lot. KSD moved for summary judgment, arguing Linkous was its statutory employee under Section 287.040 RSMo, making workers' compensation her exclusive remedy. The trial court granted summary judgment for KSD. The appellate court affirmed, holding that KSD established all elements of statutory employment, including that Linkous's work was performed under contract and was part of KSD's usual business, despite Linkous's arguments regarding preemption and specialization.