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Personal Injury & Torts Law

Jan 17, 2020

Negligence: Medical Malpractice-Equitable Garnishment-Duty to Defend

Where a woman, who developed an infection following a tummy-tuck surgery, sought an equitable garnishment from a health care insurer to satisfy a $500,000 judgment against her doctor, the judgment is affirmed because the trial court properly determined that the insurer did not violate its duty to defend, and the insurer was not responsible for […]

Jul 22, 2019

Negligence: Personal Injury-Jurisdiction

Where Kansas businesses, which were sued in Missouri by a man who was injured when he was electrocuted while working at an apartment complex in Kansas, sought a permanent writ of prohibition to prevent the trial court from exercising jurisdiction over them, the defendants were not subject to personal jurisdiction in Missouri, and their limited […]

Jul 22, 2019

Torts: Fraudulent Transfer-Transfers to Corporate Owners-Standing

Plaintiff sued defendants, who operated an entity that sold plaintiff’s vehicle-service contracts. Although defendants agreed to pay a share of refunds for cancelled contracts, they failed to do so. Plaintiff alleged that defendants made transfers to themselves to render their business insolvent. The district court dismissed plaintiff’s Uniform Fraudulent Transfer Act claim, concluding that pl[...]

Jul 9, 2019

Negligence: Wrongful Death-Failure To Warn-Dangerous Condition

Where the family of a man who died in an accident at a assembly plant sued the plant owner for wrongful death, the trial court did not err in refusing to allow a plant witness to testify because he had not been adequately disclosed during discovery, and the decedent was not a trespasser in the […]

Jul 9, 2019

Torts: Sexual Assault by Fellow Student-Title IX-Deliberate Indifference

Plaintiff alleged that she was sexually assaulted twice by a fellow student. Plaintiff reported both incidents to school administrators. Dissatisfied with the school’s response, plaintiff filed the present Title IX action alleging deliberate indifference. The district court granted summary judgment to the school. Where the school’s response to plaintiff’s first complaint did not rise to [&he[...]

Jul 2, 2019

Negligence: Negligent Entrustment-Control

Where parents whose daughter was killed in an auto accident sued the mother of the allegedly negligent driver of the vehicle in which the daughter was a passenger, arguing that the mother negligently entrusted the vehicle to her son although she knew that he was habitually reckless, the  judgment is affirmed because the mother lacked […]

Jul 2, 2019

Torts; Assault And Battery-Emotional Distress-Statute Of Limitations

Where petitioner sought the dismissal of claims against him for assault, battery, intentional infliction of emotional distress and negligent infliction of emotional distress, the assault and battery claims were time barred, but the emotional distress claims properly alleged claims independent from traditional common law actions, so the preliminary writ is made permanent in part and […]

Jul 2, 2019

Torts: Fraud-Breach of Fiduciary Duty-Statute of Limitations

Plaintiffs filed a diversity action against defendants, asserting claims of fraud and breach of fiduciary duty. Plaintiffs alleged that defendants had misrepresented and failed to disclose trust assets to them which resulted in shares of stock not being distributed to them. The district court dismissed plaintiffs’ claims as barred by the applicable Arkansas statutes of […]

Jun 10, 2019

Negligence: Premises Liability-Dangerous Condition-Actual Knowledge

Where a woman, who was injured in a fall from a porch when a railing broke, sued the property owner for premises liability, the plaintiff was a licensee on the property, and she did not produce evidence that the owner had actual knowledge that the railing was in a dangerous condition, so summary judgment for […]

Jun 4, 2019

Negligence: Medical Malpractice-Third Filing-Statute Of Limitations

Where plaintiffs challenged the dismissal of the third filing of their medical-malpractice action, the statute of limitations and the savings period had expired, and the judgment is affirmed because they could not file their action for a third time under Rule 67.01 after the second suit was dismissed without prejudice because the action was time-barred […]

Jun 4, 2019

Negligence: Auto Accident-Vehicle Photos-Admissibility

  Where plaintiff and her husband challenged the admission of photographs of a damaged rental vehicle after a judgment for the plaintiff on her negligence action against a driver who rear-ended her vehicle, the judgment regarding the liability of respondents is affirmed, but the trial court erred in admitting photographs of the vehicle because they […]

May 28, 2019

Torts: Toxic-Chemical Spill Corporate-Successor Liability Migration of Contamination

Where homeowners challenged the entry of summary judgment against them after they sued defendants as the corporate successor of a metal-fabrication facility that spilled toxic chemicals and allegedly contaminated the homeowners’ property, the judgment is affirmed in part on claims of negligence, nuisance and trespass to the extent that the claims were based on the […]

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