STATE EX REL. SAFETY ROOF. SYS. v. Crawford

86 S.W.3d 488
CourtMissouri Court of Appeals
DecidedOctober 15, 2002
Docket24956
StatusPublished

This text of 86 S.W.3d 488 (STATE EX REL. SAFETY ROOF. SYS. v. Crawford) 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.

Bluebook
STATE EX REL. SAFETY ROOF. SYS. v. Crawford, 86 S.W.3d 488 (Mo. Ct. App. 2002).

Opinion

86 S.W.3d 488 (2002)

STATE of Missouri ex rel. SAFETY ROOFING SYSTEMS, INC., Relator,
v.
The Honorable William C. CRAFORD, Circuit Judge, Division I, Jasper County, Missouri, Respondent.

No. 24956.

Missouri Court of Appeals, Southern District, Division Two.

October 15, 2002.

*489 Bruce R. Levine, Kansas City, for relator.

Malcolm L. Robertson and Phillip D. Greathouse, Joplin, for respondent.

KENNETH W. SHRUM, Judge.

This is an original proceeding in prohibition involving a matter of first impression in Missouri. Broadly stated, the question *490 presented is whether provisions of the Overhead Power Line Safety Act ("OPLSA") establish an exception to the otherwise exclusive liability provisions prescribed by the Workers' Compensation Law ("WCL") for an employer allegedly subject to both enactments.[1] Based on this record, we answer that question, "yes." We quash the preliminary writ previously issued.

The following is the background to this writ case. Bryan Householder ("Employee") was injured on the job when a piece of metal trim he was handling came into contact with an energized, high-voltage, overhead electrical line owned and operated by the City of Carthage ("City"). At the time, Employee was working for Safety Roofing Systems, Inc. ("Employer"). Employee filed and settled a workers' compensation claim against Employer; he then sued City and another party for his personal injuries and claimed they were negligent.

City promptly filed a third-party petition against Employer seeking contribution from it based on the OPLSA. In part, City's third-party petition alleged that Employee's accident happened while he was working within ten feet, or less, of City's electric transmission line, and Employer did not notify City that work was being done this close to its line. The petition also alleged that the failure to notify City so it could take safety measures violated the OPLSA, and such violation entitled City to contribution from Employer for any recovery by Employee in his tort claim against City.

Employer moved for dismissal of City's third-party petition and claimed that the exclusivity provisions of Missouri's WCL barred City's claim for contribution. The trial judge ("Respondent") overruled Employer's motion to dismiss. Thereon, Employer filed its original petition with this court asking that we prohibit Respondent from trying City's third-party contribution claim against it. Employer insisted Respondent did not have subject matter jurisdiction over City's contribution claim because of the WCL.

Respondent claims he correctly ruled Employer's motion to dismiss and cites certain sections of the OPLSA as authority for the notion that City can assert a contribution claim against Employer. First, § 319.080 of the act prohibits anyone from moving materials that conduct electricity within ten feet of a high voltage electrical line without complying with § 319.083. Second, under § 319.083, an entity that intends to work "in closer proximity to any high voltage overhead lines than is permitted" by the OPLSA must notify the appropriate public utility and make safety arrangements with the utility before proceeding with the proposed work. Finally, § 319.085 provides the penalties for violating the OPLSA as follows:

"If a violation of any of the provisions of sections 319.075 to 319.090 results in physical or electrical contact with any high voltage overhead line such violation shall be a rebuttable presumption of negligence on the part of the violator in the event such violation shall cause injury, loss or damage, and, notwithstanding any other law to the contrary, the public utility shall have the right of contribution against any such violator. In addition to any penalties provided herein, liability under common law may apply." (Emphasis supplied.)

*491 Employer counters this argument by citing the "exclusivity" provisions of the WCL, §§ 287.120.1-2,[2] and caselaw interpreting those subsections which Employer claims compels a finding that Respondent should be prohibited from trying the contribution claim. Employer reasons that the WCL is the exclusive means for imposing liability upon an employer for a work-related injury and precludes City from seeking contribution from Employer despite the OPLSA. Employer insists that the legislature never intended the contribution language of the OPLSA as an exception to the exclusivity provisions of the WCL.

Generally, Missouri's WCL serves to immunize an employer from any responsibility for its employees' on-the-job injuries, except for the liability imposed by the WCL. Linsin v. Citizens Elec. Co., 622 S.W.2d 277, 279 (Mo.App.1981). When the WCL is implicated, it supplants all common law rights of an employee, Sexton v. Jenkins & Associates, Inc., 41 S.W.3d 1, 4[9] (Mo.App.2000), and deprives a circuit court of subject matter jurisdiction over any suit by an employee against his or her employer for on-the-job injuries. State ex rel. Taylor v. Wallace, 73 S.W.3d 620, 621[1] (Mo.banc 2002).

Moreover, the WCL not only defines the rights of employers and employees, but those of third persons as well. Clark v. Midwest Bakeries & Macaroni Mfg. Co., 240 Mo.App. 18, 201 S.W.2d 423, 425[1] (Mo.App.1947). Thus, in State ex rel. Maryland Heights Concrete Contractors, Inc. v. Ferriss, 588 S.W.2d 489 (Mo. banc 1979), the court held the WCL prevented a third-party tortfeasor from seeking contribution from an employer after its employee sued the third-party in tort. Id. at 490[1]. Likewise, in Osburg v. Gammon, 704 S.W.2d 268 (Mo.App.1986), the court held that, once the WCL was involved, the employer could not be named as a third-party defendant for contribution purposes in an employee's tort suit against a non-employer party. Id. at 269. The Osburg court explained: "In order for a party to maintain an action for contribution, actionable negligence must exist between the plaintiff and the one from whom contribution is sought." Id. Similarly, in Sweet v. Herman Brothers, Inc., 688 S.W.2d 31 (Mo.App.1985), the court held that the provisions found in § 287.120 immunized an employer from suit for contribution by a non-employer who was defending a tort claim by a plaintiff-employee injured in an on-the-job accident. Id. at 32[1]. Employer insists these cases mandate we prohibit Respondent from trying City's third-party petition.

On the other hand, Respondent points out that the exclusivity provisions of Missouri's WCL are not inviolable and exceptions have been recognized. In McDonnell Aircraft Corp. v. Hartman-Hanks Walsh Painting Co., 323 S.W.2d 788 (Mo. 1959), the supreme court allowed a non-employer defendant to bring an indemnity action against the employer of the injured employee.

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Bluebook (online)
86 S.W.3d 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-safety-roof-sys-v-crawford-moctapp-2002.