KTKL successfully obtained summary judgment early in litigation for its client, Agco Corporation, in a personal injury lawsuit filed by a former employee pending in the United States District Court for the Western District of Missouri. The former employee alleged an occupational disease resulting from mold exposure during his employment. The court, in an opinion mirroring KTKL’s arguments, held that res judicata prohibited the tort claim based on the settlement between the former employee and Agco under Missouri’s Workers’ Compensation laws. The court also held that because the workers’ compensation settlement agreement “clearly contemplate[d] resolution of all claims between Plaintiff and Agco arising from his exposure to mold in the workplace,” the employee preserved no tort claim for noneconomic damages. This is believed to be the first opinion ruling on the impact of a prior workers’ compensation settlements given the recent decision by the Missouri Court of Appeals, Western District, holding that Missouri’s Workers’ Compensation Law is not the exclusive remedy for occupational diseases. State ex rel. KCP&L Greater Missouri Operations Co., 353 S.W.3d 14 (Mo. Ct. App. 2011). Please follow the link for a copy of the court’s opinion.
AGCO’s Motion for Summary Judgment