[DOWNLOAD] "Unreasonable? Missouri Rejects a Reasonable Person Standard for Determining Co-Employee Liability Under Badami's Something More Test." by Missouri Law Review ~ Book PDF Kindle ePub Free

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eBook details

• Title: Unreasonable? Missouri Rejects a Reasonable Person Standard for Determining Co-Employee Liability Under Badami's Something More Test.
• Author : Missouri Law Review
• Release Date : January 01, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 310 KB

Description

I. INTRODUCTION Missouri's workers' compensation law has changed dramatically since its common law inception. Co-employee liability for injuries caused to fellow employees has shadowed this change. At common law, employers were not liable for injuries to their employees caused by the actions of fellow employees. However, Missouri's adoption of the Workers' Compensation Act in 1926 shifted the burden of liability for work-related injuries from employees to employers and the general public. Although employers now bear the burden of work-related injures to their employees, Missouri has continued to recognize co-employee liability, but only under limited circumstances. For an employee to lose immunity from liability, Missouri courts maintain that the employee must do "something more" than mere negligence. (1) Specifically, the injured employee must show that the co-employee engaged in an affirmative negligent act. (2) In its landmark decision, Badami v. Gaertner, the Missouri Supreme Court provided little guidance for determining what satisfies the something more test, stating simply that courts should decide the issue on a case-by-case basis. (3) Consequently, Badami has created confusion for Missouri courts in applying the something more test, thus leading to inconsistent interpretations.

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