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$1.2 M Verdict Based On Unequal Police Protection

The City of Columbia lost a $1.2 million verdict March 18 when a federal court jury found the city had an “official policy” of providing less protection to victims of domestic violence than it provided to other victims of violence. ...

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Court To Decide: Can Employee Of Contractor Sue Landowner?

Whether an employee of an independent contractor “covered” by workers’ comp for an on-the-job injury can also sue the owner of the land on which the employee was working will again be considered by the Missouri Supreme Court. In Owens, ...

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UPA Bars Paternity Action By 6-Year-Old

Even though blood tests were conclusive that a child born to a wife was fathered by someone other than her husband, a suit to establish the child’s real paternity had to be dismissed since the Uniform Parentage Act (UPA), § ...

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'Sandbagging' On GAL Request Among Issues Set For Review

The Missouri Supreme Court accepted transfer of four cases last month, while denying requests to transfer 37 others. Three of the transfers granted were in civil cases; one was a criminal case. The Supreme Court also handed down written opinions ...

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Claims Adjuster Is Not An 'Agent' Of Insurance Company Under Venue Law

Where an insurance company hired an adjuster in the City of St. Louis to investigate claims, the adjuster was not an “agent” of the insurance company under the venue statute, § 508.040, RSMo 1986, so a suit filed by a ...

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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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