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Arbitration: Loan Agreement – Proper Party – ‘Successors And Assignee’

Where borrowers who claimed they were not properly credited for loan payments identified defendant as the party to which they were obligated to make payments, the borrowers acknowledged that the defendant had been assigned the rights of the lender, so ...

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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 ...

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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 ...

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Civil Practice: Subject Matter Jurisdiction – Tort Claim – Work Comp Remedy

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 ...

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Civil Practice: Default Judgment – Service Of Process – Insurance Company Defendant

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 ...

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