Lewis Ex Rel. Brown v. Gilmore
366 S.W.3d 522
Mo.2012Background
- Lonnie Lewis died in a tractor-trailer accident; Gilmore drove the vehicle for Freeman, who operated under a contract with DOT Transportation.
- Freeman was uninsured for workers' compensation; DOT was insured and deemed Lewis's statutory employer.
- Lewises filed a workers' compensation claim against Freeman and DOT and a wrongful death action against Freeman and Gilmore.
- ALJ awarded workers' compensation benefits against DOT, finding Freeman uninsured and DOT the statutory employer.
- DOT intervened in the wrongful death action; the circuit court granted summary judgment that the wrongful death claim was barred by the election of remedies after the WC award.
- The Lewises and DOT appealed, arguing §287.280.1 permits a civil action against the uninsured employer despite the WC award against DOT.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §287.280.1 bars the wrongful death action against Freeman when a WC award was obtained against DOT. | Lewises may elect to sue the uninsured employer per §287.280.1. | Election of remedies doctrine bars the civil action when a WC claim was pursued. | The civil action against Freeman is permitted; statute authorizes this civil action despite WC award. |
Key Cases Cited
- IT T Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371 (Mo. banc 1993) (summary judgment standards and record view in civil actions)
- Bailey v. McClelland, 848 S.W.2d 46 (Mo. App. 1993) (may elect workers' compensation or civil action against uninsured employer—no double recovery)
- Stromberg v. Moore, 170 S.W.3d 26 (Mo. App. 2005) (election of remedies doctrine governs double redress concerns)
- Whittom v. Alexander-Richardson P'ship, 851 S.W.2d 504 (Mo. banc 1993) (election of remedies doctrine described as a estoppel preventing double recovery)