Kerry Mcleod v. Marion Laboratories

Plaintiff's petition for personal injuries was dismissed pursuant to a motion to dismiss which asserted that plaintiff's cause of action was barred by § 287.120 RSMo 1978. This section of the Workmen's Compensation Law provides that injury or death by ""accident"" to an employee arising out of and in the course of his employment releases the employer from all other liability. Plaintiff appeals and raises, in an overly long and argumentative point, the sole issue that the applicability of the Workmen's Compensation bar to a personal injury claim is an affirmative defense and, as such, places the burden of proof upon the pleader.