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Apr 6, 2020

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 […]

Nov 18, 2019

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 […]

Sep 17, 2019

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 […]

Apr 22, 2019

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 […]

Nov 3, 2018

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 […]

Oct 31, 2018

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 […]

Jun 5, 2018

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.)

Apr 19, 2018

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.)

Dec 27, 2017

Workers’ Compensation : Prevailing Factor –  Heart Attack – Causation

White v. ConAgra Packaged Foods, LLC. (MLW No. 71267/Case No. SC96041-9 pages) (Fischer, C.J.)

Jun 22, 2017

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.)

Mar 23, 2017

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.)

Sep 28, 2016

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.)

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