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Tender Years Doctrine Abolished, Verdict Lost

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.” ...

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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 ...

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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 ...

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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 ...

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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 ...

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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. ...

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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 ...

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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 ...

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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 ...

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