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Hamilton v. Palm

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Submitted: May 18, 2010

Before LOKEN, BYE, and SHEPHERD, Circuit Judges.

Joseph Hamilton filed this diversity negligence action, alleging that he fell and was seriously injured doing roofing work and constructing an addition on property owned by Gregory and Toni Palm in Chesterfield, Missouri. The Palms moved to dismiss, arguing that Hamilton may not recover on his claim as an independent contractor based on the inherently-dangerous-activity theory of landowner liability. Hamilton responded that he was not suing as an independent contractor; the complaint alleged he was “employed” by the Palms and set forth facts showing he was entitled to recover for his employers’ failure to provide a safe workplace. The Palms replied that Hamilton did not adequately plead a master-servant relationship necessary to establish employer liability. The district court agreed and dismissed the complaint because Hamilton “merely alleges generally that he was Defendants’ employee and has not alleged facts to plausibly support such a conclusion.” Concluding this was an unwarranted extension of the pleading standards of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), we reverse.

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