McBain v. Moran Foods, Inc.

Missouri Court of Appeals

McBain v. Moran Foods, Inc.

58 S.W.3d 45, 2001 Mo. App. LEXIS 1708, 2001 WL 1155809

CourtMissouri Court of Appeals

DecidedOctober 2, 2001

DocketNo. ED 79145

StatusPublished

This text of 58 S.W.3d 45 (McBain v. Moran Foods, Inc.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McBain v. Moran Foods, Inc., 58 S.W.3d 45, 2001 Mo. App. LEXIS 1708, 2001 WL 1155809 (Mo. Ct. App. 2001).

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Opinion

ORDER

PER CURIAM.

Donald R. McBain appeals from a judgment finding him to be a statutory employee of Moran Foods, Inc. and dismissing his tort claim against it for lack of subject matter jurisdiction. We find that McBain’s employment falls -within the usual course of Moran Foods’ business. See section 287.010 RSMo 2000; see also Bass v. National Super Mkts., Inc., 911 S.W.2d 617 (Mo. banc 1995) (establishing test for usual course of business within the statute). As workers’ compensation law applies here, its remedies are exclusive, and McBain, as an injured worker, is precluded from pursuing common law remedies. Section 287.120.1-.2 RSMo 2000; State ex rel. Feldman v. Lasky, 879 S.W.2d 783, 785 (Mo.App.1994).

No jurisprudential purpose would be served by a written opinion reciting the detailed facts and restating the principles of law. The parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

We affirm the judgment pursuant to Rule 84.16(b).

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ORDER

PER CURIAM.

Donald R. McBain appeals from a judgment finding him to be a statutory employee of Moran Foods, Inc. and dismissing his tort claim against it for lack of subject matter jurisdiction. We find that McBain’s employment falls -within the usual course of Moran Foods’ business. See section 287.010 RSMo 2000; see also Bass v. National Super Mkts., Inc., 911 S.W.2d 617 (Mo. banc 1995) (establishing test for usual course of business within the statute). As workers’ compensation law applies here, its remedies are exclusive, and McBain, as an injured worker, is precluded from pursuing common law remedies. Section 287.120.1-.2 RSMo 2000; State ex rel. Feldman v. Lasky, 879 S.W.2d 783, 785 (Mo.App.1994).

No jurisprudential purpose would be served by a written opinion reciting the detailed facts and restating the principles of law. The parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

We affirm the judgment pursuant to Rule 84.16(b).

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Bluebook (online)

58 S.W.3d 45, 2001 Mo. App. LEXIS 1708, 2001 WL 1155809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcbain-v-moran-foods-inc-moctapp-2001.

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