The Honorable Sandra C. Midkiff Missouri Cases

Joshua McArthur, an employee of R&B Trucking, sued Brian Henderson and Beutler, Inc. d/b/a George J. Shaw Construction Co. for negligence after sustaining injuries on a construction site. The circuit court denied the defendants' motion for summary judgment, which asserted immunity under the workers' compensation exclusivity doctrine. The Missouri Supreme Court issued a permanent writ of prohibition, holding that Shaw was McArthur's statutory employer and Henderson his statutory co-employee, thus granting them immunity from suit. The Court also rejected McArthur's argument that the statutory employment defense violated his constitutional right to a trial by jury.