State ex rel. Victaulic Co. of America v. Meyers

Supreme Court of Missouri

State ex rel. Victaulic Co. of America v. Meyers

588 S.W.2d 494, 1979 Mo. LEXIS 362

CourtSupreme Court of Missouri

DecidedSeptember 11, 1979

DocketNo. 61332

StatusPublished

Cited by3 cases

This text of 588 S.W.2d 494 (State ex rel. Victaulic Co. of America v. Meyers) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Victaulic Co. of America v. Meyers, 588 S.W.2d 494, 1979 Mo. LEXIS 362 (Mo. 1979).

Pincite

Opinions

PER CURIAM.

This is prohibition. The case arises out of an action filed by Leonard Bivona and Lillian Christian Bivona against Victaulic Company of America for personal injuries sustained by Leonard Bivona while he was employed by Foley Heating and Plumbing Company. Victaulic filed a third-party petition against Foley. Foley filed a motion to dismiss the petition, asserting that as Leonard Bivona’s employer, its liability under The Workmen’s Compensation Law excluded all other liability. See section 287.-120, RSMo 1978. After argument, respondent Judge Meyers, on January 12, 1979, ordered the dismissal of Victaulic’s third-party petition. Victaulic’s petition for writ of prohibition was filed April 6, 1979, and the cause was argued and submitted May 21, 1979.

For the reasons stated in State of Missouri ex rel. Maryland Heights Concrete Contractors, Inc. v. Ferriss, 588 S.W.2d 489 (Mo. banc 1979), the petition for writ of prohibition is denied.

BARDGETT, C. J., RENDLEN and MORGAN, JJ., and HIGGINS, Special Judge, concur. DONNELLY, J., dissents in separate dissenting opinion filed. SEILER, J., and HENLEY, Senior Judge, dissent and concur in separate dissenting opinion of DONNELLY, J. WELLIVER, J., not sitting.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is prohibition. The case arises out of an action filed by Leonard Bivona and Lillian Christian Bivona against Victaulic Company of America for personal injuries sustained by Leonard Bivona while he was employed by Foley Heating and Plumbing Company. Victaulic filed a third-party petition against Foley. Foley filed a motion to dismiss the petition, asserting that as Leonard Bivona’s employer, its liability under The Workmen’s Compensation Law excluded all other liability. See section 287.-120, RSMo 1978. After argument, respondent Judge Meyers, on January 12, 1979, ordered the dismissal of Victaulic’s third-party petition. Victaulic’s petition for writ of prohibition was filed April 6, 1979, and the cause was argued and submitted May 21, 1979.

For the reasons stated in State of Missouri ex rel. Maryland Heights Concrete Contractors, Inc. v. Ferriss, 588 S.W.2d 489 (Mo. banc 1979), the petition for writ of prohibition is denied.

BARDGETT, C. J., RENDLEN and MORGAN, JJ., and HIGGINS, Special Judge, concur. DONNELLY, J., dissents in separate dissenting opinion filed. SEILER, J., and HENLEY, Senior Judge, dissent and concur in separate dissenting opinion of DONNELLY, J. WELLIVER, J., not sitting.

Cite This Page — Counsel Stack

Bluebook (online)

588 S.W.2d 494, 1979 Mo. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-victaulic-co-of-america-v-meyers-mo-1979.

Opinions

Related

Cite This Page — Counsel Stack