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Workers’ Compensation: PTD – Survivor Benefits – Claimant’s Suicide

(1)Where a workers’ compensation claimant committed suicide on the same day that she was awarded permanent total disability benefits and the commission allowed the claimant’s husband to proceed as her successor but did not address whether he was entitled to ...

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Negligence: Legal Malpractice – Statute Of Limitations – Borrowing Statute

Where a plaintiff injured in Kansas brought a legal malpractice action against her Missouri attorney for missing the Kansas deadline to file her personal injury action, the plaintiff’s legal malpractice claim accrued in Missouri when her attorney told her that  ...

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Driver’s License: DWI – Breath Test – Lack Of Error Message

Where a driver successfully rebutted the state’s prima facie case in a DWI proceeding by presenting evidence that the first breath test that he took showed him to be below the legal limit and that the machine did not generate ...

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Domestic Relations: Adoption – Parental Rights – Neglect

(1)Where an unwed father signed an acknowledgment of paternity, the father may contest the adoption but his consent to the adoption is not required under Section 453.030, and the father’s constitutional rights were not violated by the statutory adoption procedure ...

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Criminal Law: Sentencing – Modification – Jurisdiction

Where a circuit court modified a defendant’s sentence after the revocation of her probation to six rather than 12 years of incarceration as originally imposed, the court lacked jurisdiction to amend the sentence, which had become final despite its suspended ...

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Civil Practice: JNOV – Damages – Non-Compete Clause

Where a funeral home company sued a former employee for breach of a non-compete agreement and a competitor for tortuous interference with the agreement and was awarded compensatory and punitive damages and an injunction prohibiting the former employee from working ...

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Probate: ‘Trust Protector’ – Fiduciary Duty – Summary Judgment

Where an attorney who was appointed “trust protector” for a special needs trust was sued by the trust beneficiary for breach of fiduciary duty after allegations that the trustees spent funds inappropriately, summary judgment for the attorney is reversed and ...

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Criminal Law: Jurors – Rehabilitation – Cross Examination

Where a trial court denied a defendant’s request to strike two jurors due to their responses when told that the defendant might not be present at trial, the jurors’ silence when asked by the prosecutor if they could not put ...

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