Eighth Circuit: Lukeus Scott v. Key Energy Services, Inc.

 

Since, after the accident, the device manufacturer was merged into the injured employee's employer, the manufacturer can't presently be considered a third party tortfeasor, even the the person of the employer as successor in interest.

The law of the state disfavors the dual capacity exception to exclusive liability.

Dissent: The state's courts have recognized an exception where there is a distinct, separate legal persona.


Lukeus Scott  v.  Key Energy Services, Inc.