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Negligence: Premises Liability-Identification of Doe Defendant-Remand
Defendants moved to dismiss plaintiff’s complaint, while plaintiff cross-moved to remand to state court. Plaintiff filed a premises liability action, alleging that she was injured when one of defendant’s employees […]
Negligence-Fatal Traffic Accident-Official Immunity
Plaintiff appealed the grant of summary judgment to defendant. Defendant, a former police officer, struck plaintiff’s minor daughter while following another vehicle to initiate a traffic stop. Defendant moved for summary judgment […]
Negligence-Personal Injury-Non-Party Subpoena-Financial and Tax Records
Spine and Joint Centers of Missouri moved for a protective order and to modify the subpoena served by defendants. SCJMO treated plaintiff before he brought the present personal injury action. Defendants requested […]
Negligence: Motorcycle Accident-Sudden Emergency Doctrine
Plaintiff appealed the grant of summary judgment for defendants. Plaintiff filed suit alleging that she crashed her motorcycle when she rode through an oil spill coming from defendants’ leaking truck. […]
Negligence: Wrongful Death-Medical Malpractice-Statute of Limitations
Defendant moved to dismiss plaintiff’s wrongful death claim arising from the death of plaintiff’s son in a local detention center. Defendant was originally named “Physician Doe.” Plaintiff alleged that defendant […]
Negligence-Wrongful Death-Premises Liability-Malicious Failure to Warn
Plaintiff appealed the grant of defendants’ motion to dismiss. Plaintiff’s son died after a river current pulled him into a culvert on land owned by defendants. Before the accident, defendants […]
Negligence-Slip-and-Fall-Transfer of Venue
Relator filed a petition for writ of mandamus. Relator filed three separate petitions in Jasper County against defendant for a fall she had defendant’s grocery store in Columbus, Kansas. Respondent […]
Negligence-Medical Malpractice-Emergency Medical Treatment and Active Labor Act-In Forma Pauperis Application
Plaintiff filed an application to proceed in forma pauperis. The court granted the application and proceeded to screen the complaint. Plaintiff alleged that defendants violated the Emergency Medical Treatment and Active Labor Act after negligently […]
Negligence-Wrongful Death-Negligent Hiring/Supervision-Punitive Damages
Defendant appealed the denial of its motion for judgment as a matter of law, or alternatively for a new trial or remittitur of punitive damages. Plaintiffs filed suit after their family member […]
Negligence-Inmate Suicide-Negligence-Legal Duty
Plaintiff appealed the adverse summary judgment on their negligence complaint. Plaintiffs’ son took his life while incarcerated in county jail. Prior to his suicide, plaintiffs’ son met with defendants and made statements indicating that he was […]
Defense counsel secures win in medical malpractice case
In a medical malpractice case where a woman sought damages following vision care from a St. Louis ophthalmologist, the defense counsel successfully argued the case resulting in no damages and a unanimous jury verdict.
Negligence: Plane Crash-Negligent Maintenance-Covenant Not to Use
The government appealed the district court’s denial of summary judgment. The plaintiff’s decedent was conducting an FAA checkride when his plane crashed, killing him. His spouse filed, suit, alleging that […]
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