concurring.
I agree completely with the analysis and result reached by Judge Crane. I write only to note that this is the inevitable result of the narrowing of the definition of “accidental injury” by the Legislature. The required result of such “narrowing” can be seen in the manner in which we recently applied this Legislative dictate in Johme v. St. John’s Mercy Healthcare, ED96467 (Mo.App.E.D.2011).
Clearly the Legislature prefers jury trials.