Missouri Court of Appeals, Western District Digest: Feb. 21, 2022

Civil Practice

Arbitration

Motion To Compel

Construction Contract

Where a construction company challenged the denial of its motion to compel arbitration of a lawsuit brought by home buyers alleging negligence, breach of the implied contractual duty to perform work in a good and workmanlike manner, and breach of the implied warranty of habitability, the trial court erred in denying the motion because the claims fell within the scope of the arbitration clause, and the buyers did not show that the arbitration clause was unenforceable.

Judgment is reversed and remanded.

Mackey v. Schooler’s Construction, LLC (MLW No. 77909/Case No. WD84309 – 14 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Appealed from circuit court, Boone County, Jacobs, J. (Rodney J. Stevens, Columbia, for appellant) (Philip J. Christofferson, St. Louis, for respondent).

https://www.courts.mo.gov/file.jsp?id=184353

Whistleblower Claim

Statute Of Limitations

Where appellant challenged the dismissal of his whistleblower claim against a city defendant, the city did not sustain its burden to show that the petition clearly established on its face and without exception that the claim was time barred.

Judgment is reversed and remanded.

Richest v. City of Kansas City (MLW No. 77907/Case No. WD84464 – 13 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Jackson County, Campbell, J. (Charles Kevin Baldwin, Liberty, for appellant) (Timothy Robert Ertz, Kansas City, MO for respondent).

https://www.courts.mo.gov/file.jsp?id=184355

Domestic Relations

Parental Rights

Termination

Notice

Where a father challenged a judgment terminating his parental rights to his son, the record showed that the father did not receive notice of the hearing date on his Rule 74.06(b) motion, which violated his right to due process, so the judgment is set aside.

Judgment is set aside; remanded.

S.L.C. v. M.M. (MLW No. 77905/Case No. WD84549 – 9 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Appealed from circuit court, Boone County, Schneider, J. (Marcel Malachowski, pro se) (Tana S. Benner, Columbia, for respondent).

https://www.courts.mo.gov/file.jsp?id=184360

Juvenile Law

Adult Certification

Assistance Of Counsel

Recusal

Where a juvenile appellant challenged an order dismissing his juvenile proceedings and transferring him to a court of general jurisdiction for criminal prosecution as an adult, the appellant relied on evidence that the juvenile court found unpersuasive, and the appellate court may not reweigh the evidence or determine the credibility of witnesses, so the totality of the circumstances did not support a conclusion that the juvenile court abused its discretion, and the judgment is affirmed because the appellant did not sustain his burden to establish that he received ineffective assistance of counsel in a certification proceeding, and the juvenile court judge did not plainly err in failing to recuse himself.

Judgment is affirmed.

In the Interest of: J.N.W. v. Juvenile Officer (MLW No. 77908/Case No. WD84378 – 33 pages) (Missouri Court of Appeals, Western District, Martin, J.)  Appealed from circuit court, DeKalb County, Elliott, J. (Kathryn Merwald, Kansas City, MO for appellant) (Kenneth C. Hensley, Raymore, for respondent).

https://www.courts.mo.gov/file.jsp?id=184354

Unemployment Compensation

Disqualification

Voluntary Quit

Pandemic Policy

Where a claimant of unemployment compensation challenged the decision that she was disqualified from receiving benefits because she voluntarily quit her job without good cause, the decision was not supported by sufficient competent evidence since her work performance complied with the remote work policy after the claimant moved to another state due to pandemic concerns, and there was no evidence to support the finding that she was unwilling to return to St. Louis although she knew that she was required to do so.

Judgment is reversed and remanded.

Ekres v. Division of Employment Security (MLW No. 77906/Case No. WD84496 – 18 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from the Labor and Industrial Relations Commission (James Bennett Clark, St. Louis, for appellant) (Bart Anton Matanic, Jefferson City, for respondent).

https://www.courts.mo.gov/file.jsp?id=184359

Workers’ Compensation

SIF Liability

Permanent And Total Disability

Preexisting Conditions

Where a worker who injured his shoulder on the job sought additional benefits for his permanent and total disability from the Second Injury Fund after settling his claim for the primary injury, the evidence established that the preexisting conditions satisfied the 50-weeks-of-disability threshold, and the commission erred in deciding the issue of the aggravation of primary injury when it ignored the opinions of two physician experts on the preexisting medical conditions, so on remand the worker should be allowed to present additional testimony concerning his preexisting conditions.

Judgment is reversed.

Swafford v. Treasurer (MLW No. 77904/Case No. WD84562 – 18 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from the Labor and Industrial Relations Commission (Benjamin S. Creedy, St. Joseph, for appellant) (Ashley S. Grace, Kansas City, MO for respondent).

https://www.courts.mo.gov/file.jsp?id=184362