182908P.pdf   12/21/2021  Andrew Halsey  v.  The Townsend Corp of Indiana
   U.S. Court of Appeals Case No:  18-2908
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Benton, Author, with Shepherd and Grasz, Circuit Judges] 
   Civil case - Torts. Under Missouri law, plaintiffs failed to establish 
   that their deceased son's co-worker, defendant Richardson, breached a duty 
   separate and distinct from the nondelegable duties of their employer, and, 
   as the plaintiffs' claim against Richardson had no reasonable basis in 
   fact or law, the district court properly found that he had been 
   fraudulently joined, and the court did not err in denying the plaintiffs' 
   motion to remand the matter to state court; the district court did not err 
   in applying the primary jurisdiction doctrine to dismiss defendant 
   Townsend Tree without prejudice, as the question of the cause of death was 
   withing the special competence of the Missouri Labor Industrial Relations 
   Commission; the district court did not err in granting summary judgment to 
   Townsend Corporation as it did not incur liability under either 
   Restatement(Second) of Torts Sec. 324A(b) or 324A(c).