A $20 million jury award to a four-year-old child, who was injured when hit by a truck, was reversed and remanded last week by the Missouri Supreme Court, and in the process the high court abolished the “tender years doctrine.” ...
Read More »Venue To Sue Mo. Highway Commission Is Expanded
A driver who lived in Jefferson County, and was injured in a one-car accident there, did not have to go to Cole County to sue the State Highway and Transportation Commission even though the Commission “resides” in Cole County under ...
Read More »No Pre-Judgment Interest Allowed On Tort Claim If Request Is Omitted From Pleading
Even though § 408.040, RSMo Supp. 1991, says prejudgment interest on verdicts in tort cases “shall” be calculated from 60 days after the date a settlement offer was rejected, a personal injury plaintiff who had not asked for prejudgment interest ...
Read More »Maker Of Q-Tips Faces Suit For Child's Injury
The manufacturer of Q-Tip swabs could be liable for $1.55 million in damages for injury to a five-year-old child who was hurt when he poked the swab in his ear canal since the manufacturer (1) failed to warn about the ...
Read More »Landowner Liability Case To High Court
The Missouri Court of Appeals’ Eastern District has vacated its February 3 written opinion in Matteuzzi v. The Columbus Partnership, L.P., et al., MLW No. DE-5136, on landowner liability for “inherently dangerous activity.” The appeals court has transferred the case ...
Read More »Attorney Fees From AHC Require Win On All Issues
Even though § 536.087, RSMo Supp. 1992, allows parties who “prevail” when sued by state agencies in administrative cases to get attorneys’ fees, a veterinarian who won on eight of ten charges filed by the State Veterinary Medical Board but ...
Read More »Get Blood Test Results Into Evidence With No Witnesses
Family Law Get Blood Test Results Into Evidence With No Witnesses In a paternity case, you can get blood test results admitted into evidence without calling any chain of custody or expert witnesses, if you do it right. Yokley v. ...
Read More »Work Comp Does Not Bar Suit Against Co-Worker
The Missouri Supreme Court has declined a request from the Court of Appeals to change the law on “co-employee liability” under the Workers’ Comp Act. Instead, the Supreme Court has reaffirmed a half-century of Missouri law that allows a worker ...
Read More »Sole Custody Modified To Joint Physical Custody With No 'Changed Circumstances'
A father who sought to modify a custody decree entered before August 1984 and who failed to show a change of circumstances on the part of the child or the mother should, nonetheless, be granted joint legal and joint physical ...
Read More »The Saga Of Rinor's Cafe Is One For The Litigation Hall Of Fame
Dear Editor: Last fall Missouri Lawyers Weekly ran a story indicating some notoriety in the fact a case had been tried three times. That was Stolfus v. Musselman & Hall Construction Inc., et al., MLW No. DW-3529. Let me tell ...
Read More »Attorney's 'Theatrical' Display In Front Of Jury Costs Client Verdict
Where an attorney defending a civil rights suit dramatically dropped a ten-foot-long computer printout in front of a jury while cross-examining the plaintiff about his prior arrest record, the attorney’s “theatrics” required reversal of a defense verdict entered for his ...
Read More »