DiStefano v. St. Gobain
N/AOUTCOME: Verdict for plaintiff upheld on Appeal
Marion Michael DiStefano sued Saint-Gobain Calmar, Inc. and William T. Whitlow for negligence due to injuries he suffered while performing work for Calmar on its property. After the jury found for DiSt ... efano and awarded damages, Calmar and Whitlow appealed, asserting that the circuit court lacked subject matter jurisdiction over the negligence claim because, pursuant to Section 287.040.2, RSMo., Calmar was DiStefano's statutory employer, and, therefore, the case fell within the exclusive jurisdiction of workers' compensation. The Court of Appeals disagreed and affirmed (upheld) the judgment for DiStefano
