Stacey L. Deane v. Missouri Employers Mutual Insurance Company
2014 Mo. App. LEXIS 481
Mo. Ct. App.2014Background
- In 2002 Stacey Deane suffered a work-related spinal injury causing permanent paraplegia; Missouri Employers Mutual was the workers' compensation insurer for his employer.
- In February 2012 the Workers' Compensation Commission awarded Deane permanent total disability, future medical care, and certain items/services (including cost of a van if medically necessary); the award also allocated some attorney fees to the employer/insurer.
- The Commission's award was filed and entered as a judgment in Cole County pursuant to § 287.500 on September 19, 2012.
- Deane sued in Boone County (Feb. 2013), alleging Insurer negligently and with conscious disregard failed to comply with the Cole County judgment (notably by withholding a medically necessary van and shoulder surgery/aftercare) and sought tort damages including punitive damages.
- Insurer moved to dismiss for failure to state a claim, arguing Missouri does not recognize an independent tort for negligent failure to comply with a judgment and that Deane’s remedy is enforcement of the judgment in Cole County; the trial court granted dismissal.
- The Missouri Court of Appeals affirmed, holding no separate tort exists for negligent noncompliance with a § 287.500 judgment and that established enforcement mechanisms (e.g., civil contempt, garnishment, attachment) are available.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Missouri recognizes a tort for negligent failure to comply with a § 287.500 judgment | Deane: Insurer’s negligent/conscious disregard in failing to comply gives rise to a tort claim and damages distinct from the workers’ compensation award | Insurer: No separate tort exists; remedy is enforcement of the judgment in the county where entered | No. Court declined to recognize such a tort; dismissal affirmed |
| Whether enforcement of the Cole County judgment is an inadequate remedy for delay-related damages | Deane: Enforcement actions do not adequately compensate for damages caused by unreasonable delay in compliance | Insurer: Enforcement mechanisms suffice; courts can coerce compliance and provide relief | Court: Enforcement (civil contempt, garnishment, attachment) is adequate; no new tort needed |
| Jurisdictional propriety of bringing an independent tort in a different county | Deane: Boone County action asserts a separate cause of action and does not seek modification of Cole County judgment | Insurer: Claim improperly attempts to relitigate or bypass judgment enforcement procedures | Court: Action should be pursued as enforcement in Cole County; dismissal proper — not a jurisdictional defect analysis supporting new tort |
| Whether Insurer owed a common-law duty of care to avoid foreseeable additional injury by delaying compliance | Deane: Insurer had a duty to provide medical care without causing further foreseeable harm | Insurer: No special duty arises from the judgment that creates a tort remedy beyond enforcement | Court: Entry of the Commission award as a judgment does not create a tort duty of care that supports a new cause of action |
Key Cases Cited
- Glossip v. Missouri Dep't of Tranp. & Highway Patrol Employees' Ret. Sys., 411 S.W.3d 796 (Mo. banc 2013) (standard of review for dismissal for failure to state a claim)
- Cochran v. Travelers Ins. Co., 284 S.W.3d 666 (Mo. App. S.D. 2009) (§ 287.500 required to make Commission award enforceable in court)
- Baxi v. United Techs. Auto. Corp., 122 S.W.3d 92 (Mo. App. E.D. 2003) (§ 287.500 transforms award into enforceable judgment)
- State ex rel. Koster v. Cain, 383 S.W.3d 105 (Mo. App. W.D. 2012) (civil contempt and other enforcement mechanisms for judgments)
- Schumacher v. Austin, 400 S.W.3d 364 (Mo. App. W.D. 2013) (courts’ inherent power to enforce their judgments)