Missouri Court of Appeals March 16, 2010, WD 70490 (Fortenberry v. Buck)

KAREN KING MITCHELL, Judge.

This is a negligence ease where the plaintiff alleges that he was injured by the acts of his co-employee. The circuit court dismissed the lawsuit for lack of subject matter jurisdiction. In light of

McCracken v. Wal-Mart Stores East, LP,

298 S.W.3d 473, 474-79 (Mo.