[Download] "Anna Marie Lampkin v. Harzfeld's a" by Supreme Court of Missouri Division 2 # Book PDF Kindle ePub Free

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eBook details

• Title: Anna Marie Lampkin v. Harzfeld's a
• Author : Supreme Court of Missouri Division 2
• Release Date : January 14, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

In this action for damages in the amount of $50,000 for personal injuries the trial court entered summary judgment for the defendant and plaintiff has appealed. The issue is whether plaintiff sustained injuries resulting from an accident arising out of and in the course of her employment with defendant within the meaning of the Workmen's Compensation Law. Chapter 287 (all statutory references are to RSMo 1959, V.A.M.S.). If so, plaintiff is relegated to the remedy of that law, and may not maintain this action against her employer. § 287,120(2); Marie v. Standard Steel Works, Mo., 319 S.W.2d 871, 875; Sheets v. Hill Brothers Distributors, Inc., Mo., 379 S.W.2d 514, 516. Plaintiff alleged in her petition that she was employed by defendant as a sales lady, that she ""was advised that it would be necessary for her to take a series of flu shots"" to be administered by a doctor who was an agent and employee of defendant, that on September 24, 1963, she was ""instructed"" to appear before the doctor on the premises of defendant and was there ""administered the flu shot."" She then alleges that she had advised the doctor that she ""suffered from allergies,"" that the defendant was negligent in administering the flu shot under the circumstances, and that she suffered a reaction resulting in substantial personal injuries.

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