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Missouri Supreme Court Digest: Aug. 1, 2022

Staff Report//August 1, 2022//

Missouri Supreme Court Digest: Aug. 1, 2022

Staff Report//August 1, 2022//

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Abuse of Process

Improper Use of Process

Plaintiff appealed from the judgment of the circuit court that dismissed his abuse of process complaint against defendant, plaintiff’s sister. The parties were children of a political activist and beneficiaries of her trust. The parties disagreed over the direction of their mother’s political entities. After defendant filed several lawsuits against plaintiff that culminated in a settlement, plaintiff filed the present action alleging that defendant’s litigation was motivated by animosity and an effort to interfere with plaintiff’s participation in the political entities.

Where plaintiff alleged that defendant’s litigation was initiated to compel plaintiff to act in a manner he otherwise would not be legally compelled to act and to achieve other goals outside the scope of the litigation, including extorting value from plaintiff, plaintiff sufficiently alleged an abuse of process.

Judgment is reversed and remanded.

Schlafly v. Cori (MLW No. 78649/Case NoSC99358 – 13 pages) (Supreme Court of Missouri, Russell, J.) Appealed from circuit court, St. Louis County, McLaughlin, J. (Henry P. Elster, Clayton, for appellant) (Arthur D. Gregg and Erik O. Solverud, and Matthew J. Rossiter, Timothy J. Lemen and Maxwell G. Murtaugh, St. Louis, for appellee)


Workers’ Compensation

Permanent Total Disability Benefits

Pre-existing Condition

Claimant appealed from the denial of his claim for permanent total disability benefits from the Second Injury Fund. An ALJ had ruled that claimant’s preexisting conditions in his lower extremities did not aggravate or accelerate his 2015 work-related injury that resulted in his disability claim. The commission affirmed the denial of benefits for alternative reasons, concluding that it was equally likely that claimant’s pre-existing conditions alone resulted in his permanent, total disability.

Where claimant’s evidence failed to establish that his work-related injuries combined with his pre-existing conditions to render him permanently and totally disabled, the commission correctly denied claimant benefits.

Judgment is affirmed.

March v. Treasurer of the State of Missouri (MLW No. 78650/Case No. SC99381 – 17 pages) (Supreme Court of Missouri, Draper, J.) Appealed from the Labor and Industrial Relations Commission. (Jerry Kentner, Sedalia, for appellant) (Keyla S. Rhoades, Cape Girardeau, for appellees)

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