Accola v. Metropolitan Sewer District, 12SL-CC116 (St. Louis County Circuit Court 2013)

A sewer construction worker suffocated while working in a manhole.  After a claim for benefits under a workmen’s compensation statute had been made, his widow’s attorney filed a wrongful death action against the sewer authority and the deceased worker’s supervisor.  The defendants sought summary judgment based on the exclusive remedy provision of the workmen’s compensation legislation.  Michael Gross was retained to do briefing in opposition to the defendants’ motions for summary judgment.  The state trial court denied the motions.  The claims against both defendants were settled through mediation shortly after that ruling.

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