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Negligence: Exposure to Asbestos-Causation
Where the family of a man who died from asbestosis sued the manufacturer of asbestos-containing boilers, which the man inspected as part of his job, the summary judgment record presented a genuine dispute to be decided by a jury as to the material facts involved in causation on the issues of exposure and the substantial […]
Workers’ Compensation: SIF Liability-Causation-Tinnitus
Where a claimant challenged the denial of his claim for permanent total disability, sufficient competent evidence supported the finding that the work-related accident was not the prevailing factor in causing the claimant’s tinnitus, so the judgment denying the claim is affirmed. Judgment is affirmed. Schlereth v. Aramark Uniform Services Inc. (MLW No. 74124/Case No. ED107806 […]
Negligence: Premises Liability-Fire Deaths-Causation
Where plaintiffs sued a city housing authority and its director and insurer after a woman and her four children died from smoke inhalation in an apartment kitchen fire, summary judgment for the defendants is affirmed because there was insufficient evidence of causation, and the district court did not err in denying the plaintiffs’ motion to […]
Employment Law: Compensable Injury-Causation-Inherent Risk
Where a hospital employer challenged an award of permanent partial disability to an employee for a wrist injury she suffered in a fall at work, the commission did not err in finding that the injury arose from the course and scope of employment since the injury was predicated on a risk, which was pulling […]
Bankruptcy: Investment Loss- Consent Order- Causation
Where appellant investors challenged an order dismissing their adversary complaint in a Chapter 7 case, the judgment is affirmed because the bankruptcy court did not err in finding that no debt to the investors resulted from a consent order issued by the enforcement section of the Missouri Securities Division of the secretary of state in […]
Negligence: Medical Malpractice- Expert Testimony- Causation
Where a plaintiff in a medical-malpractice case claimed that defendant anesthesiologists negligently administered an incorrect dose of morphine that caused her to suffer injuries including sleepiness, depression and an inability to bond with her new baby, the judgment is affirmed because the plaintiff was required to produce expert testimony to establish that the alleged overdose […]
Negligence : FELA – Causation – Cumulative Injury
Ackman v. Union Pacific Railroad Company (MLW No. 71708/Case No. ED105794 – 12 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.)
Negligence : Project Termination – Causation
Leonetti’s Frozen Foods, Inc. v. Rew Marketing, Inc. (MLW No. 71565/Case No. 17-1445 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.)
Workers’ Compensation : Prevailing Factor – Heart Attack – Causation
White v. ConAgra Packaged Foods, LLC. (MLW No. 71267/Case No. SC96041-9 pages) (Fischer, C.J.)
Negligence : Wrongful Death – Causation – Prison Nursing Care
Coonce v. Simons (MLW No. 70658/Case No. SD34597 – 6 pages) (Missouri Court of Appeals, Southern District, Bates, J.)
Civil Rights : Gender Discrimination – Retaliation – Causation
Liles v. C.S. McCrossan, Inc. (MLW No. 70323/Case No. 15-3801 – 17 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)
Workers’ Compensation : Depression – Causation – Future Medical Care
Jefferson City Country Club v. Pace (MLW No. 69750/Case No. WD 79405 – 29 pages) (Missouri Court of Appeals, Western District, Witt, J.)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- Cole County prosecutor loses third Sunshine Law appeal
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
