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Court of Appeals, Eastern District

Torts: Train Accident-Forum Non Conveniens

Plaintiffs, all Mexican citizens, filed personal-injury and wrongful-death claims against defendants arising from an accident in which defendants’ train collided with a bus at a train crossing. The trial court dismissed plaintiffs’ complaint under the doctrine of forum non conveniens. ...

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Torts: Product Liability-Personal Jurisdiction

Defendants appealed from the judgment entered against them, awarding plaintiff actual and punitive damages for plaintiff’s use of defendants’ talc products. On appeal, defendants argued that the trial court lacked personal jurisdiction over them. The trial court exceeded its authority ...

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Workers’ Compensation: Permanent Total Disability-Second Injury Fund

Where a claimant challenged the denial of permanent disability benefits from the Second Injury Fund, the award was supported by substantial and competent evidence on the whole record, so the Labor and Industrial Relations Commission did not err in finding ...

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Workers’ Compensation: Second Injury Fund-Occupational Injury

Where a sculptor who suffered an occupational injury challenged the commission’s reversal of his award of permanent partial disability, the judgment is reversed and remanded because the claim against the Second Injury Fund was not precluded by Section 287.220.3. Judgment ...

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Workers’ Compensation: Reduction of Award-Sufficiency of Evidence-Disability Rating

Where a claimant challenged the reduction of his award of permanent total disability and future medical benefits to a 5 percent permanent partial disability, the evidence was sufficient to support the finding that he was not permanently and totally disabled, ...

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Negligence: Medical Negligence-Future Damages-Attorneys’ Fees

Where plaintiff brought a medical-negligence action against health care providers alleging that a failure to diagnose led to short bowel syndrome requiring extensive ongoing medical care, and both parties appealed following a jury verdict in favor of the plaintiff, the ...

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Domestic Relations: Child Custody-Supervised Visitation-Emotional Development

Where a mother challenged a modification of child custody that replaced her sole physical custody with one hour of supervised visitation per week, the award was not an abuse of discretion because it was in the child’s best interest following ...

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