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Employer-Employee: Discrimination – New Trial

Geri Dreiling//July 28, 2011//

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Employer-Employee: Discrimination – New Trial

Employer-Employee: Discrimination – New Trial

Geri Dreiling//July 28, 2011//

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Where a bank recovery department employee who lost a jury trial in which he asserted age and race filed a motion for alleging the bank failed to disclose evidence, the trial court did not err in denying the motion and applying the standard found in Rule 78.01 which states a new trial may be granted if the withheld information may have produced a different verdict rather than the standard found in Rule 74.06(b)(2) in which the negligent or unintended failure to produce evidence within the scope of propounded discovery constitutes “misconduct” because the employee never presented the argument to the trial court.

Judgment is affirmed.

McCullough, et al. v. Commerce Bank (MLW No. 62510/Case No. WD71625 – 19 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Jackson County, Midkiff, J. (Patrick G. Reavey, Kansas City, for appellants) (Kimberly A. Jones and Christi J. Hilker-Vaglio, Kansas City, for respondent).

Read the full text of this opinion.

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