The district court dismissed plaintiff’s suit, alleging claims for negligent supervision and failure to warn of a priest’s sexual propensities at a U.S. Army medical center, on the basis of sovereign immunity. Where the decision to retain the priest was ...

Tagged with: Negligence Sovereign Immunity

Plaintiff appealed the adverse grant of summary judgment based on her lack of standing. Plaintiff filed suit against defendant on behalf of the estate of her deceased husband. Where the probate court reappointed plaintiff as administrator ab initio after she ...

Tagged with: Appointment as Administrator ab Initio medical malpractice Negligence Standing

Where the plaintiffs in a wrongful-death, medical-negligence case argued that the trial court committed reversible error by denying them the right to ask their approved insurance question, the judgment is reversed and remanded because the proper foundation for the question ...

Tagged with: Insurance Question medical negligence Negligence wrongful death

Where the parents of a man who died in an auto accident challenged the apportionment of the proceeds of a $500,000 settlement, the trial court did not err in denying the mother’s oral motion for a continuance because the motion ...

Tagged with: Apportionment Negligence Settlement Proceeds wrongful death

Plaintiff, an insurance company, sued defendant, a former agent, for damages plaintiff paid out in a lawsuit filed by a policyholder who purchased a policy through defendant. Defendant counterclaimed for withheld compensation arising from the sale of that policy. Defendant ...

Tagged with: Collateral Estoppel Indemnification/Contribution Negligence Ratification

Plaintiff was injured when defendant fell asleep at the wheel of their tractor-trailer. Defendant was transporting goods as an independent contractor and mentoring plaintiff for the carrier’s training program. The district court dismissed plaintiff’s claim as barred by the workers’ ...

Tagged with: Dual Employment Exclusive Remedy of Workers’ Compensation motor vehicle accident Negligence

Plaintiff appealed the dismissal of his second amended complaint, asserting state law claims for nuisance and negligence and a claim under CERCLA. Where plaintiff’s claims were without merit, district court properly dismissed the second amended complaint. Judgment is affirmed. Smith ...

Tagged with: CERCLA Environmental Negligence nuisance

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 ...

Tagged with: Causation expert testimony medical malpractice Negligence

Where the trustee of a wrongful death claimants’ trust, developed in response to a train derailment, challenged the finding that his claim brought under the Carmack Amendment against the railroad was untimely, the judgment is reversed and remanded because the ...

Tagged with: Negligence Rail Carrier Liability Statute Of Limitations Train Derailment

Brock v. Dunne (MLW No. 72107/Case No. ED105739 – 44 pages) (Missouri Court of Appeals, Eastern District, Dolan, J.)

Tagged with: Affirmative Acts co-employee liability Negligence

Vallejo v. Amgen, Inc. (MLW No. 72104/Case No. 72104 – 24 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)

Tagged with: Negligence product liability Sanctions Scope Of Discovery