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eBook details

• Title: Paul Eagle v. City St. James
• Author : Southern District, Division One Missouri Court of Appeals
• Release Date : January 13, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Paul Eagle (Eagle) on February 27, 1976, was regularly employed by the State of Missouri. At the same time he was also engaged in part time work for the City of St. James with the title of Assistant Chief of the Auxiliary Police. On the night of the date in question, supra, Eagle worked as an auxiliary police officer at a high school basketball game in St. James. At the Conclusion of the game the ranking regular police officer on duty, Lt. Phillips, picked up Eagle in a St. James police car. While en route to the police station, Lt. Phillips and Eagle heard a call on the State Highway Patrol network radio concerning a shooting outside the city limits of St. James and learned the patrolman dispatched to investigate the matter did not know how to get to the place of occurrence. Lt. Phillips radioed his dispatcher to contact the highway patrol and tell them he had a man in his car who could direct the patrolman to the scene. When the vehicles driven by Lt. Phillips and the trooper met, Lt. Phillips told Eagle to go with the patrolman and show him how to get to his desired destination because auxiliary police officers of St. James were expected as part of their duties to cooperate with the state police. Eagle and the trooper departed in the patrol car. When it neared the city limits, the driver-patrolman lost control of the vehicle which went into a ditch and came to a halt some 70 feet outside the boundary of St. James. Because of injuries received, Eagle filed his claim for workers' compensation benefits against the city and its carrier per Ch. 287 1 Following trial on July 31, 1978, the chief administrative law Judge issued an award in Eagle's favor. All parties filed applications for review and, following modification of the initial award by the Labor and Industrial Relations Commission (commission), both sides appealed to the Circuit court of Phelps County. The latter tribunal affirmed in part and reversed in part the award of the commission and all parties appealed to this court. We first consider the point relied on by the city and its insurer that the commission and the court nisi erred in ruling that at the time of the accident Eagle was an employee of the city rather than the highway patrol because at the time of the casualty Eagle was under the control and direction of the patrol as a loaned or borrowed employee and, therefore, the patrol and its carrier were solely liable for compensation benefits due Eagle.

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