Kelley v. DeKalb Energy Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “an employee may sue a fellow employee for affirmative negligent acts outside the scope of an employer’s responsibility to provide a safe workplace”
• concluding that the design, manufacture, and construction of the injury-causing machine were part of an overall employer policy such that the machine’s condition was part of the employer’s non-delegable duty to provide a safe workplace, and thus the co-employee was shielded from liability
• “Under Missouri’s version of the Uniform Partnership Act, a partnership is not a legal entity separate from the individual partners.”
• “Under Missouri’s version of the Uniform Partnership Act, a partnership is not a legal entity separate from the individual partners.”
• “Under Missouri’s version of the Uniform Partnership Act, a 21 partnership is not a legal entity separate from the individual partners.”
• employer could reasonably foresee an employee at a plant where it manufactured tractors mounted with flame-making machines might be injured if reasonable precautions were not taken to ensure these contraptions were carefully designed, manufactured, and tested

Source: CourtListener parenthetical corpus (CC0).