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Two-Year Med Mal Limit Bars Wheelchair Claim

Where the plaintiff tried to avoid a two-year statute of limitations on suits against hospitals by claiming her fall while getting out of a wheelchair resulted from “ordinary negligence,” her action was properly dismissed, according to the Court of Appeals’ ...

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Child Support Continues When Son Quits College For Lack Of Cash

Where a father stopped supporting his 18-year-old son who was not in college on October 1 after his graduation from high school, the father will be ordered to continue the support, since the son attended summer school but had to ...

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Auto Liability Stacking Case Goes To High Court

Auto Liability Stacking Case Goes To High Court The Missouri Supreme Court will decide whether public policy mandates the stacking of automobile liability insurance. The court granted transfer of First National Insurance Company of America v. Clark, MLW No. 11032. ...

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Comparative Fault Is Not Allowed In Certain Wrongful Death Cases

Where the wrongful death of a child resulted in a $500,000 verdict for the parents, this will not be reduced by the “comparative fault” of the mother who was 90 percent at fault in the auto accident, says the Missouri ...

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Insurance Can't Limit UM Coverage To 'Owned Autos'

Where an insurance policy protected an auto for liability coverage, could it limit the “uninsured motorist” coverage to autos which are “owned” by the policyholder? No, says a sharply divided panel from the Eighth Circuit. The opinion was written by ...

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Negligent Hiring Claim Improper After Company Admits Liability

Where an injured motorist alleged a trucking company was negligent in hiring a driver, that claim should not have been submitted to the jury when the company had already admitted vicarious liability, says the Missouri Supreme Court. “The majority view ...

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Workers' Comments Bind Employer As Admissions

The term res gestae has been abandoned as an exception to the hearsay rule and the ability of employees to make binding admissions on behalf of their employers has been broadened by the Missouri Supreme Court. The rulings came in ...

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Court Blasts 'Stonewall' Discovery Tactics By GM

Citing a deliberate, willful policy by General Motors to “stonewall” discovery as much and as long as the patience of the court would tolerate, the U.S. District Court for the Western District of Missouri imposed sanctions against the automaker that ...

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Record Number Of Legal Malpractice Claims Closed

Insurance companies closed a record number of legal malpractice claims in 1993, but the average amount paid to settle a claim declined slightly, according a report prepared by the Missouri Department of Insurance. The number of closed claims increased for ...

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Protect Data With Off-Site Storage

What does the recent fire in a restaurant in downtown Clayton have to do with a column on computers? It certainly made and proved a point with me – the importance of backing up computer data and storing it off-site ...

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FELA Statute Of Limitations Poses Hazard For Attorneys

If a worker files a Federal Employers’ Liability Act (FELA) claim before the three-year statute of limitations runs, but later voluntarily dismisses it (more than three years after his injury), and immediately refiles an identical claim, should the second petition ...

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