A worker who alleged he was assaulted by a co-employee reached a $6.5 million settlement, according to the plaintiff’s attorneys.
J.C. Pleban of Pleban & Associates and Kevin Carnie of The Simon Law Firm said the assault occurred in a vacant area of the facility where the plaintiff and the co-worker worked. The facts and liability were disputed, they said.
Generally, on-the-job injuries are handled through the workers’ compensation system. However, Missouri law allows suits against co-employees who “engaged in an affirmative negligent act that purposefully and dangerously caused or increased the risk of injury.”
In a 2021 opinion, the Missouri Supreme Court interpreted the statute as permitting only cases involving “deliberate and deviant actions” by a co-worker who is intentionally increasing the risk of injury.
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$6.5 million settlement
Personal injury
Venue: Confidential Missouri court
Case Number/Date: Confidential/March 23, 2023
Caption: Confidential
Plaintiff’s Attorneys: J.C. Pleban, Pleban & Associates, St. Louis; Kevin Carnie, The Simon Law Firm, St.
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