United States Eighth Circuit

Summary judgment for defendants in a wrongful death suit brought by the family of a subcontractor's employee against a contractor, an individual and a property owner is affirmed where: 1) the district court properly found that defendant-contractor was a statutory employer of decedent and thus immune from suit; 2) summary judgment for a co-employee based on the determination that he was immune from suit was proper; and 3) plaintiffs failed to show that the property owner retained possession and control over the project at issue.

Appellate Information

• Decided 08/18/2006
• Published 08/18/2006

Judges

• DOTY, District Judge., Before ARNOLD and BEAM, Circuit Judges, and DOTY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Eric J. Jensen, argued, Springfield, MO, for appellant.


• For Appellees:
  
• Paul M. Croker, argued, Kansas City, MO (Richmond M. Enochs, on the brief, Kansas City), for appellee Ball Metal., Jeffrey T. McPherson, argued, St. Louis, MO (Casey O. Housley and Ryan C. Fowler, on the brief, Kansas City, MO), for appellees GeoEnergy and Donald Vandersypen.