Amesquita v. Gilster-Mary Lee Corp.
2013 Mo. App. LEXIS 1031
| Mo. Ct. App. | 2013Background
- Five employees working at GML’s McBride popcorn plant alleged they developed occupational lung disease from chronic diacetyl exposure from heated butter flavoring and insufficient ventilation/controls.
- GML (employer) and four supervisory/employee defendants (Employee Defendants) moved to dismiss. GML argued workers’ compensation exclusivity barred the tort claim; Employee Defendants argued plaintiffs failed to plead any independent duty or actionable affirmative acts.
- Plaintiffs’ amended petition: Count I — negligence and punitive damages against GML for failing to provide a safe workplace; Count II — “something more” misrepresentation-based negligence and civil conspiracy against Employee Defendants; Count III — ordinary negligence against Employee Defendants.
- Trial court dismissed all counts, adopting defendants’ workers’ compensation exclusivity and failure-to-state-a-claim arguments. Plaintiffs appealed.
- The court of appeals considered whether the 2005 amendments to Missouri’s Workers’ Compensation Act made occupational disease claims subject to exclusivity and whether plaintiffs pleaded independent duties/affirmative acts sufficient to hold co-employees liable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2005 amendments make Chapter 287 the exclusive remedy for occupational disease injuries | 2005 changes narrowed "accident" to single-event injuries, so occupational disease is not an "accident" and exclusivity (§287.120) does not apply | Chapter 287 still covers occupational disease and thus bars common-law tort claims | Reversed dismissal as to employer: exclusivity applies only to "accidental" injuries; occupational disease is not an "accident" under the 2005 definition, so plaintiffs may pursue tort claims against GML |
| Ordinary negligence against co-employees (Count III) | 2005 amendments removed co-employee immunity, allowing negligence claims against Employee Defendants | Co-employees owe no independent duty—only employer has non-delegable duty to provide safe workplace | Affirmed dismissal: petition fails to allege any independent duty owed by Employee Defendants, so Count III fails |
| "Something more" doctrine (Count II negligence against Employee Defs.) | Employee Defendants made affirmative misrepresentations about plant safety, which is "something more" creating personal liability | Even if affirmative acts occurred, plaintiffs did not allege those acts proximately caused additional injury beyond employer’s breach | Affirmed dismissal: plaintiffs did not plead that any affirmative acts by employees proximately caused their injuries, so the "something more" claim fails |
| Civil conspiracy (Count II) | Employee Defendants conspired to conceal risks to avoid safety costs | Conspiracy fails because underlying tort claims fail and plaintiffs did not plead unlawful objective or meeting of minds | Affirmed dismissal: conspiracy claim fails because it relies on defective negligence claims and lacks sufficient allegations of an unlawful objective |
| Punitive damages against GML | Punitive damages pleaded incidental to Count I | Dismissal of Count I on exclusivity eliminates punitive damages claim | Not decided on merits: appeal on punitive damages denied because trial court made no substantive ruling on punitive damages separate from Count I dismissal |
Key Cases Cited
- Fenlon v. Union Elec. Co., 266 S.W.3d 852 (Mo. App. E.D. 2008) (motion to dismiss — petition adequacy standard)
- Stein v. Novus Equities Co., 284 S.W.3d 597 (Mo. App. E.D. 2009) (pleading elements of a recognized cause of action)
- State ex rel. KCP & L Greater Mo. Operations Co. v. Cook, 353 S.W.3d 14 (Mo. App. W.D. 2011) (2005 amendments exclude occupational disease from "accident" exclusivity)
- Gunnett v. Girardier Bldg. & Realty Co., 70 S.W.3d 632 (Mo. App. E.D. 2002) (employer’s non-delegable duty; co-employees not liable for breach of that duty)
- Hansen v. Ritter, 375 S.W.3d 201 (Mo. App. W.D. 2012) (2005 amendments do not create new co-employee liability; focus remains on existence of independent duty)
- Western Blue Print Co., LLC v. Roberts, 367 S.W.3d 7 (Mo. banc 2012) (civil conspiracy requires unlawful objective and valid underlying tort)
- Peters v. Treasurer of Mo., 404 S.W.3d 322 (Mo. App. E.D. 2012) (occupational disease compensable under Chapter 287 for Second Injury Fund purposes)