Hale & Hale, Ltd. v. Pettit (MLW No. 59672/Case No. WD69872 – 10 pages) (Missouri Court of Appeals, Western District, Newton, C.J.) (1)Where realtors brought an action against property owners seeking payment of commission under a real estate contract after ...
Read More »Probate: Discovery Of Assets – Settlement Offer – Evidence
In the Estate of Bell v. Bell (MLW No. 59673/Case No. WD69776 – 13 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) (1)Where a trial court approved a personal representative’s compromise settlement on a petition for discovery of assets, ...
Tagged with: evidence
Read More »Civil Practice: Relief From Judgment – Bankruptcy Stay – Preclusion
Cain, et al. v. Porter (MLW No. 59675/Case No. WD69615 – 8 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Where a default judgment from a personal injury action was entered against a defendant with a pending bankruptcy case ...
Tagged with: Personal Injury & Torts Law
Read More »Negligence: Auto Accident – Multiple Vehicles – Proximate Cause
Kasper, et ux. v. Welhoff, et al. (MLW No. 59648/Case No. WD69329 – 14 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Where a plaintiff who was injured in a five-car accident brought personal injury claims against the four ...
Tagged with: Personal Injury & Torts Law
Read More »Criminal Law: Alcohol Offense – Minor In Possession – Evidence
State v. J.D.L.C. (MLW No. 59611/Case No. WD70769 – 5 pages) (Missouri Court of Appeals, Western District, Howard, P.J.) Where a minor charged with possession of alcohol was arrested while sitting in the backseat of a truck with three other ...
Read More »Appellate Practice: Appellate Court Mandate – New Trial Award – Damages
Pope v. Ray (MLW No. 59612/Case No. WD69384 – 9 pages) (Missouri Court of Appeals, Western District, per curiam) Where an appellate court reversed a trial court decision only as to damages in a vicarious-liability negligence case, the remand included ...
Tagged with: Personal Injury & Torts Law
Read More »Criminal Law: Drug Possession – Sufficiency Of Evidence – Cross Examination
State v. Ross (MLW No. 59578/Case No. WD69768 – 11 pages) (Missouri Court of Appeals, Western District, Welsh, P.J.) (1)Where a defendant told a passenger to “stuff the pills before we all go to jail,” and the passenger hid the ...
Read More »Real Property: Nuisance – Gun Club – Statutory Amendment
Brown v. Cedar Creek Rod & Gun Club (MLW No. 59552/Case No. WD69950 – 15 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) (1) Where plaintiffs sought an injunction and damages from a gun club located near their home ...
Tagged with: nuisance
Read More »Real Property: Foreclosure – Rescission – Mootness
Fields v. Millsap and Singer (MLW No. 59544/Case No. WD70237 – 8 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where homeowners brought claims for rescission, quiet title and damages for wrongful foreclosure against a bank, the claims for ...
Tagged with: foreclosure mootness Rescission
Read More »Probate: Sexually Violent Predator – Commitment Proceeding – Voir Dire
In the Matter of the Care and Treatment of Randy Wolfe v. State (MLW No. 59549/Case No. WD69017 – 8 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where a man committed as a sexually violent predator objected to ...
Tagged with: commitment probate sexually violent predator
Read More »Negligence: Medical Malpractice – JNOV – Standard Of Care
Lake v. McCollum (MLW No. 59547/Case No. WD66670 – 12 pages) (Missouri Court of Appeals, Ahuja, J.) Where plaintiff won a jury award in a medical malpractice action against a doctor who prescribed a medication to the plaintiff’s wife, despite ...
Tagged with: medical malpractice Medical Malpractice Standard Of Care
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