Please ensure Javascript is enabled for purposes of website accessibility
Don't miss
Home / Opinions / Courts / Court of Appeals, Southern District (page 194)

Court of Appeals, Southern District

Insurance: Underinsured Motorist – Stacking – ‘Other Insurance’ Provision

(1)Where plaintiffs whose daughter was killed in an auto accident sued their insurer to collect under their own underinsured motorist policies after collecting from the tortfeasors, the provisions within the policies’ “Other Insurance” section are ambiguous when read together as ...

Read More »

Criminal Law: Animal Abuse – Sufficiency Of Evidence – Lesser-Included Offense

Where defendant testified that she knew her dog was sick for several months and did not contact a veterinarian despite the dog’s extreme weight loss and continued decline, the evidence supported a finding that the defendant knowingly failed to provide ...

Read More »

Appellate Practice: Inadequate Brief – Pro Se Appellant – Election Procedure

Where a pro se appellant filed a pleading seeking a new election and challenging a prohibition on write-in candidates, the brief was inadequate because it failed to include a concise jurisdictional statement, the statement of facts was argumentative and the ...

Read More »

Missouri Court of Appeals Southern District: Workers’ compensation

Occupational disease; notice SD29311 Allen Allcorn, Claimant-Appellant, v. TAP Enterprises Inc. and Travelers Commercial Casualty Co., Respondents-Respondents Appeal From: The Labor and Industrial Relations Commission Handdown Date: 2/26/2009 Opinion Author: Judge Gary W. Lynch Opinion Vote: Judges Burrell and Rahmeyer ...

Read More »

Missouri Court of Appeals Southern District: Domestic relations

Appeal; acceptance of benefits ED91078 Katherine J. Millman, Appellant, v. James S. Millman, Respondent Appeal From: St. Louis County Circuit Court, Judge Douglas R. Beach Handdown Date: 3/3/2009 Opinion Author: Judge Kurt S. Odenwald Opinion Vote: Judges Norton and Cohen ...

Read More »

Missouri Court of Appeals Southern District: Criminal law

Double jeopardy; robbery charges ED46436-01 State of Missouri, Respondent, v. Christopher X. Bohlen, Appellant Appeal From: St. Louis County Circuit Court Handdown Date: 3/3/2009 Opinion Author: Judge Patricia L. Cohen Opinion Vote: Judges Odenwald and Norton concur Introduction Christopher Bohlen ...

Read More »

Workers’ Compensation: Occupational Disease – Notice – Statutory Amendment

Where a worker was denied compensation for an occupational disease because he failed to give timely notice, the commission incorrectly interpreted the new statutory notice requirement as triggered by the diagnosis of the underlying medical condition because the diagnosis must ...

Read More »

Negligence: Comparative Fault Instruction – ‘Careful Lookout’ – Motorcycle Accident

Where a plaintiff who was injured while riding his motorcycle showed that he had no obligation to take evasive action and even exercising the highest degree of caution could not have seen the defendant’s  car begin to move, the evidence ...

Read More »