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Court of Appeals, Eastern District

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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Criminal Law: First-Degree Murder-Alternative Suspect-Video Surveillance

Where defendant, who was convicted of first-degree murder, argued that the trial court erred in refusing to admit evidence of an alternative suspect, the court did not err because the defendant did not show a direct connection as required, and ...

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Civil Practice: Default Judgment-Garnishment Proceeding-Lack of Verification

Where appellant challenged a judgment setting aside a default judgment in her favor and arising from a garnishment proceeding, the trial court erred in setting aside the default judgment in the absence of verification, affidavits or sworn testimony where the ...

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Appellate: Inadequate Brief-Probate Case

Where appellants challenged a judgment closing the estate of their father, the appellants’ brief failed to comply with Rule 84.04 by including a defective point relied on and defective argument section, so the brief was inadequate for appellate review, and ...

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