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(1)Where plaintiffs who were children who suffered lead poisoning brought negligence claims against partners involved with a lead smelter, the case against the defendants based on their conduct while partners was submissible, but their domination claim was based on a flawed statement of agency law, so the judgment on this claim is reversed and remanded.
(2)Where plaintiffs who were children who suffered lead poisoning brought negligence claims against partners involved with a lead smelter, the compensatory damage verdict directors were not a roving commission, so there was no error in their submission, and the plaintiffs’ punitive damages case was submissible against all defendants, but the award must be reversed because the instructions required the jury to consider to improperly consider undifferentiated conduct, but the denial of remittitur was proper and the award did not violate due process.
Blanks v. Fluor Corporation (MLW No. 66960/Case No. ED97810 – 180 pages) (Missouri Court of Appeals, Eastern District) Appealed from circuit court, St. Louis City, Schaumann, J. (Amy Jo Thompson, John H. Quinn III and Thomas B. Weaver, Jeffery T. McPherson and Thomas C. Walsh for appellants) (Mark I. Bronson, Steven M. Bronson, James R. Dowd, Gerson H. Smoger and Meghan K. McGlynn for respondents).
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