Jamie Marie (Bunger) Prayson and Jason

Jamie Marie Prayson and Jason Dean Prayson, siblings, appeal from the judgment n.o.v. in favor of defendant Kansas City Power & Light Company (KCP&L), following trial in which the jury's verdict awarded appellants $1,300,000 for the wrongful death of their father, Larry Dean Bunger. The Praysons contend that the trial court erred (1) in applying Zueck v. Oppenheimer Gateway Properties, Inc., 809 S.W.2d 384 (Mo. banc 1991), retroactively and (2) in finding that Count I of their second amended petition failed to state a cause of action and denying their motion for leave to file the petition. The Missouri Supreme Court in Zueck directed that the inherently dangerous exception to the rule that a landowner is not liable to the injured employee of an independent contractor no longer applies where the employee is covered by workers' compensation insurance. Id. at 390. The trial court's judgment n.o.v., applying Zueck retroactively, is affirmed.