Daniel Killian and Sally Killian v. J & J

While working as an iron worker for respondent, J & J Installers, Inc. (J & J), Daniel Killian suffered grievous injury when a framework upon which he was standing collapsed. Steel joints and decking fell on him, causing him to fall onto an exposed vertical reinforcing rod. Killian and his wife, Sally, filed a common law action in the Circuit Court of the City of St. Louis claiming that his injuries resulted from intentional acts of J & J. J & J filed a motion to dismiss, challenging the subject matter jurisdiction of the circuit court and arguing that the Labor and Industrial Relations Commission had exclusive subject matter jurisdiction over Killians claim for damages under the Workers Compensation Law. Chapter 287, RSMo. The circuit court sustained J & Js motion to dismiss for lack of subject matter jurisdiction. The Court of Appeals, Eastern District, reversed without consideration of State ex rel. McDonnell Douglas v. Ryan, 745 S.W.2d 152 (Mo. banc 1988). We granted transfer to consider whether a circuit court has jurisdiction to determine whether an employees injuries are the product of an accident or the intentional act of an employer. Our jurisdiction is founded on Mo. Const. art. V, sec. 10. The judgment of the circuit court is affirmed.