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Court of Appeals, Southern District

Insurance: Tort Claims – Mold Exposure – Duty To Warn

Where construction workers, who were exposed to mold during their remodeling of a tornado-damaged home, brought claims of fraudulent misrepresentations, negligence and civil conspiracy against an insurer and a firm that performed an environmental study on the home, the trial ...

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Domestic Relations: Rehabilitative Maintenance – Wife’s Education Expenses – Vague Order

Where a trial court in a dissolution entered an order for the physician husband to pay 100 percent of the wife’s education expenses for obtaining a bachelor’s and master’s degrees but there was no evidence presented of when the wife ...

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Civil Practice: Default Judgment – Motion To Set Aside – Good Cause

Where an insurer filed a motion to intervene and set aside a default judgment entered against an uninsured driver who caused a rear-end auto accident with the insured, a UM insurer has an absolute right to intervene in an action ...

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Appellate Practice: Transcript – Missing Testimony

Where the record on appeal in a driver’s license case was inadequate due to missing testimony and the appellate court could deduce that the testimony was relied upon when the trial court rendered judgment, the judgment is reversed and remanded ...

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Missouri Court of Appeals Southern District: Probate

Fiduciary duty; summary judgment   SD28613 Robert R, McLean Irrevocable Trust U/A/D, March 31, 1999, by Linda McLean, Trustee, Plaintiffs-Appellants v. Patrick Davis, P.C., et al., Defendants-Respondents Appeal From: Butler County Circuit Court, Judge Mark L. Richardson Handdown Date: 1/26/2009 ...

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Workers’ Compensation: Denial Of Benefits – Compensable Injury – Credibility

Where a worker’s compensation claimant appealed the denial of benefits, the unexplained absence of any reference to a fall at work in her treating doctor’s notes raised a legitimate issue of credibility, and the denial is affirmed because the claimant ...

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Real Property: Use Of Lake – Prescriptive Easement – Adverse Possession

Where landowners sought a declaratory judgment that a lake located mostly on their property was a private, non-navigable waterway and their neighbor-defendants sought to establish an easement by prescription for use of the lake, the defendants’ use of the lake ...

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Workers’ Compensation: Mental Injury – Work-Related Stress – Job Survey

Where an environmental safety manager did not show that his duties were greater than other management personnel at his company and his employer’s records showed that he worked 40-hour weeks and took regular vacations, sufficient evidence supported a finding that ...

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Real Property: Homeowners’ Association – Validity – Water System

Where a homeowners’ association brought an action against homeowners in a dispute over administration of the water system, the trial court erred in finding that the homeowners’ association was the valid successor association for the neighborhood because there was no ...

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