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DAVIS v. HENRY

No. 70037.

936 S.W.2d 862 (1997)

Leautry B. DAVIS, Plaintiff/Appellant, v. Eugene HENRY, et al., Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

January 7, 1997.

Attorney(s) appearing for the Case

Ray B. Marglous, P.C., Ray B. Marglous, Christopher J. Quinn, St. Louis, for Plaintiff/Appellant.

Edward C. Vancil and Associates, Inc., Edward C. Vancil, David G. Kullman, Creve Coeur, for Defendants/Respondents.

PUDLOWSKI, Judge.

Leautry B. Davis (Davis) was injured while driving a tractor for Five Star Hauling, Inc., (Five Star). Davis was directed to do so by a general order from the company's president, Eugene Henry (Henry). After receiving workers' compensation, Davis brought an action against Henry personally, alleging active negligence on Henry's part. The trial court granted Henry's motion to dismiss for lack of subject matter jurisdiction. Because Henry's actions...

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