[DOWNLOAD] "Dennis H. Self v. Lenertz Terminal" by Eastern District, Southern Division Court of Appeals of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: Dennis H. Self v. Lenertz Terminal
- Author : Eastern District, Southern Division Court of Appeals of Missouri
- Release Date : January 27, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Dennis Self, a former employee of Lenertz Terminal, Inc., filed a petition against Lenertz alleging a discriminatory discharge prohibited by the provisions of § 287.780 RSMo 1986. Self also named Daryl McRaven, his shop foreman, and Dr. Paul A. Spence as defendants charging them on the same theory. The court dismissed the claim against McRaven for failure to state a cause of action. It granted summary judgment for defendant Dr. Spence. After a jury trial, the court entered judgment for plaintiff against Lenertz for actual and punitive damages. Lenertz appeals, Self cross-appeals contesting the summary judgment in favor of defendant Dr. Spence. He argues that the converse instruction submitted by Lenertz was erroneous and should not be used in the event a new trial is ordered. Section 287.780 RSMo 1986 creates a statutory cause of action for an employee against an employer if ""employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter."" The dismissal of defendant McRaven has not been appealed. Dr. Spence was not an employer or agent of plaintiff's employer. By its terms, § 287.780 does not provide a cause of action for discriminatory discharge against Dr. Spence. The summary judgment in favor of Dr. Spence is affirmed.