The Missouri Supreme Court accepted transfer of eight cases in August, but denied requests for the transfer of 71 others. Six of the transfers were granted in civil cases; two were in criminal cases. In addition, one criminal case was ...
Read More »Trial Reports
Auto Accident Type of Action: Personal injury Type of Injuries: Dislocated jaw, numb tongue and subtle brain dysfunction Court/Case #/Date: Christian County Circuit Court/CV192-328CC/July 7-9 Caption: Johnson v. Moody Judge or Jury Case: Jury Name of Judge: Judge James L. ...
Read More »Liability For Surface Water Runoff
‘Common Enemy’ Doctrine Abandoned By High Court Where the Missouri Highway and Transportation Commission condemned land and constructed a highway bypass but used an inadequate culvert which caused flooding, the Commission cannot rely on the surface water “common enemy doctrine” ...
Read More »Fellow Employee Policy Exclusion Is Held Valid
Where a passenger in the back of a pickup driven by a fellow employee was injured because of the driver’s negligence, the passenger could not collect from his employer’s insurance company because of the fellow employee exclusion clause and the ...
Read More »'Next Friend' Mandatory In Action Under Paternity Law
A “Next Friend” must be appointed for a child in an suit under the Uniform Parentage Act (UPA) even though the act says the child “may” be represented by a next friend, according to an opinion handed down August 17 ...
Read More »Defamation Law Changed By Supreme Court Ruling
Where a college vice-president told news reporters that an academic evaluator was homosexual, adulterous, unchaste and had abused her position with the state, the evaluator could sue without regard to the historic distinction between defamation per se and defamation per ...
Read More »DOR Targets Law Firms For Collection Of Unpaid Use Tax
Law firms are the next target of The Missouri Department of Revenue in its campaign to improve collection of use taxes. “Most lawyers know they have this obligation, especially those with larger firms who have their own accountants” said Scott ...
Read More »Comparative Fault Barred In Child Labor Law Cases
The comparative fault of a boy hired in violation of the Child Labor Law cannot be considered by a jury in assessing damages for injuries sustained by the boy during his employment, even though the boy was 95 percent at ...
Read More »$1,250,000 Verdict Lost
A $1,250,000 verdict against a part-supplier was struck down by the United States Court of Appeals’ Eighth Circuit which concluded that Missouri courts would not extend liability to the supplier of a non-defective part that became dangerous only when assembled ...
Read More »Man Gets Jury Trial For Damages When Ex-Wife Fails To Turn Over Property
A man is entitled to a jury trial for money damages in a suit against his ex-wife for failure to turn over specific property awarded to him in a divorce decree, the Missouri Court of Appeals’ Eastern District has ruled. ...
Read More »Practice Tip
Real Property Judgment Lien Valid Even If Clerk Fails To Index Judgment Your client Bertha Buyer comes to you. She has just bought Blackacre and Greenacre in counties A and B respectively, and she has just discovered to her great ...
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