Missouri Lawyers Media Missouri legal news and public notices

Defendant appealed from the jury verdict entered against it in the medical-malpractice, wrongful-death case filed by plaintiffs after decedent, an admitted high-risk candidate for surgery, died from complications following surgery. On appeal, defendant argued that the trial court erroneously charged ...

Tagged with: jury instructions medical malpractice

Plaintiff appealed from the grant of summary judgment to defendants, dismissing plaintiff’s complaint alleging sexual abuse or battery, negligent supervision, intentional failure to supervise, intentional infliction of emotional distress and breach of fiduciary duty. Where consideration of the issues raised ...

Tagged with: Failure To Supervise Sexual Battery

Relator filed a medical-negligence action against the underlying defendant medical center, alleging he fell and struck his head and as a result had suffered a loss of smell and taste. Defendant successfully moved for an order compelling relator to submit ...

Tagged with: Ordered Medical Examination Writ Of Prohibition

Plaintiffs filed suit against defendant, alleging he and others were responsible for the murder of plaintiffs’ decedent. Plaintiffs asserted a claim for wrongful death and fraudulent transfer, alleging defendant engaged in a series of financial transactions to hinder his creditors. ...

Tagged with: Fraudulent Transfer to Hinder Creditors wrongful death

Where appellants brought wrongful-death and personal-injury claims against a city after a car accident, arguing that the city waived its sovereign immunity based on the unmarked edge of the roadway with a 9-inch drop, which they alleged was a dangerous ...

Tagged with: Dangerous Condition of Public Property Intervening Cause Sovereign Immunity

The parties cross-appealed from the judgment in plaintiff’s motor-vehicle-accident case. Defendant appealed the entire judgment and the denial of her motion for a new trial, while plaintiff challenged the reduction of the verdict based upon the percentage of fault assessed ...

Tagged with: motor vehicle accident References to Liability Insurance

The parties cross-appealed from the judgment entered in plaintiffs’ medical-malpractice and wrongful-death claim. Defendants argued that the trial court erred in not reducing the judgment by the amount of the settlement between plaintiffs and a joint-tortfeasor, while plaintiffs argued that ...

Tagged with: Damages wrongful death

Plaintiffs appealed from the denial of their new fraudulent-concealment claims, after defendants moved to dismiss plaintiffs’ wrongful-death claims as barred by the statute of limitations. Plaintiffs argued for tolling the limitations period based on defendants’ intentional efforts to fraudulently conceal ...

Tagged with: Fraudulent Concealment wrongful death

Petitioner sought a writ prohibiting the trial court from taking any action other than granting him summary judgment in a student’s personal injury action against him. The student alleged that petitioner, an in-school suspension teacher, was negligent in physically restraining ...

Tagged with: Entitlement to Official Immunity personal injury

Plaintiff filed a medical-malpractice action against his surgeon, alleging the surgeon caused damage during the surgery. Plaintiff settled with the surgeon and moved to trial against defendant hospital, alleging it negligently granted surgical privileges to the surgeon. The jury returned ...

Tagged with: medical malpractice negligent credentialing

Plaintiff filed suit against defendants for trespass, alleging they crop-dusted herbicides on a neighboring farm in a manner that allowed the herbicides to drift onto plaintiff’s farm; plaintiff also asserted a vicarious-liability claim against the neighboring farm owner. After all ...

Tagged with: Crop-dusting Statutory Trespass to Property vicarious liability