Missouri Lawyers Media Missouri legal news and public notices

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 ...

Tagged with: Notice Occupational Disease Workers' compensation

Where a plaintiff who was injured when a guardrail failed at a construction project sued the general contractor and a siding contractor, the siding contractor’s claim that it owed no duty to plaintiff because it had no control over the ...

Tagged with: Negligence premises liability

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 ...

Tagged with: Motorcycle Accident Negligence

Where a motion court denied a criminal defendant’s Rule 24.035 motion without issuing any findings of fact or conclusions of law, the order denying the motion must be reversed and remanded. Judgment is reversed and remanded. Stark v. State (MLW ...

Tagged with: Criminal Law denial Post-Conviction Relief

Where an officer who had pulled over a vehicle found a container, later determined to contain anhydrous ammonia, under the passenger side of the car that was not there when the vehicle was stopped, the container was warm despite the ...

Tagged with: Criminal Law Possession Sufficiency Of Evidence

Where a plaintiff was injured when making a delivery to the defendant retail store and the defendant filed a motion to dismiss claiming that the plaintiff was a statutory employee with an exclusive remedy in workers’ compensation law, the trial ...

Tagged with: civil practice Subject Matter Jurisdiction

Where a default judgment was entered against an insurance company defendant less than 45 days following service of process on the director of insurance, the default judgment was void under Section 375.271. Judgment is reversed and remanded. Reeves v. Allstate ...

Tagged with: civil practice Default Judgment Service Of Process

Where defendant was convicted of robbery and armed criminal action charges when he and an accomplice took a wallet and a purse from the victims, sufficient evidence supported a conviction for second-degree robbery based on a showing that the defendant ...

Tagged with: Accomplice Liability Criminal Law robbery Sufficiency Of Evidence

Where in a dispute over a construction contract the developer claimed the escrow agent breached an express trust and breached an obligation to pay vendors, subcontractors and suppliers by failing to ensure that payments were properly disbursed, the causes of ...

Tagged with: breach of contract Construction Contract contracts Statute Of Limitations

Where the record on appeal in a criminal case did not include a copy of the final judgment, the appeal must be dismissed. Appeal is dismissed. State v. Hawthorne (MLW No. 58681/Case No. SD29036 – 2 pages) (Missouri Court of ...

Tagged with: Appellate Practice Criminal Case

Where a trial court entered a nunc pro tunc order changing the date of an order setting aside a judgment in a civil case, the order granting a new trial was timely. Appeal is dismissed. Bryant v. Carter County (MLW ...

Tagged with: Appellate Practice timeliness