Justia Missouri Supreme Court Opinion Summaries

by
The Supreme Court reversed the judgment of the circuit court finding in favor of Plaintiffs on their negligent credentialing claim against Defendant, St. Luke's Surgicenter-Lee's Summit LLC, holding that Plaintiffs failed to make a submissible case of negligent credentialing. In their complaint, Plaintiffs alleged that Defendant negligently granted a surgeon operating out of St. Luke's Surgicenter in Lee's Summit staff privileges at its hospital. After a jury trial, the circuit court entered judgment in favor of Plaintiffs. The Supreme Court reversed the judgment of the trial court and remanded the case for a new trial, holding that the circuit court erred in overruling Defendant's motion for judgment notwithstanding the verdict because Plaintiffs failed to make a submissible case of negligent credentialing. View "Tharp v. St. Luke's Surgicenter-Lee's Summit, LLC" on Justia Law

by
The Supreme Court affirmed the judgment of the motion court denying Defendant's motion for postconviction relief filed under Mo. R. Crim. P. 29.15, holding that the motion court did not err in denying postconviction relief. Defendant was convicted of murder in the first degree, armed criminal action, burglary in the first degree, and unlawful possession of a firearm by a felon. The trial court sentenced Defendant to death. Defendant later moved for postconviction relief, alleging ineffective assistance of counsel. The motion court denied the postconviction motion. The Supreme Court affirmed, holding that the motion court did not err in denying Defendant's claims. View "Hosier v. State" on Justia Law

by
The Supreme Court affirmed the judgments of the circuit court granting summary judgment for Respondents and dismissing Appellants' five separate actions for fraudulent concealment, holding that Appellants' claims for fraudulent concealment were barred by Mo. Rev. Stat. 516.120(5). In 2010 and 2011, Appellants filed five separate, but similar, wrongful death lawsuits against Respondents. The circuit court dismissed the wrongful death suits. In 2016, Appellants filed five separate, but almost identical, petitions alleging fraudulent concealment by Respondents, alleging that Respondents damaged Appellants by causing them to lose their right to timely file wrongful death causes of action. The circuit court found Appellants claims were barred both by the doctrine of res judicata and by the five-year statute of limitations for fraud claims set forth in Mo. Rev Stat. 516.120(5). The Supreme Court affirmed, holding that Appellants' claims were barred by section 516.120(5). View "Boland v. Saint Luke's Health System" on Justia Law

Posted in: Personal Injury
by
The Supreme Court made permanent a preliminary writ of prohibition it issued barring the circuit court from taking any further action other than to vacate an order overruling Relator's motion for summary judgment and to enter judgment for Relator, holding that Relator was entitled to official immunity. Israel Mariano, a student at Independence Academy, filed a negligence suit against Relator, an in-school suspension teacher, in his individual capacity for injuries Mariano sustained when Relator physically restrained him and broke his arm. The circuit court overruled Relator's motion summary judgment claiming he was entitled to official immunity. Relator sought a writ of prohibition. The Supreme Court granted the writ, holding that Relator was entitled to official immunity under the circumstances of this case. View "State ex rel. Alsup v. Honorable James F. Kanatzar" on Justia Law

by
The Supreme Court affirmed the judgment of the circuit court convicting Defendant of one count of first-degree assault and one count of felony resisting arrest, holding that sufficient evidence supported a finding that Defendant resisted an arrest for an offense and that offense constituted a felony as a matter of law. At the close of the State's evidence Defendant moved for judgment of acquittal. The circuit court overruled the motion as to the counts at issue on this appeal. Defendant appealed, arguing that the circuit court erred in overruling his motion for judgment of acquittal on the felony resisting arrest count because there was insufficient evidence presented to support a finding of guilt. The Supreme Court affirmed, holding that the evidence was sufficient to support Defendant's conviction of felony resisting arrest. View "State v. Shaw" on Justia Law

Posted in: Criminal Law
by
The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Administrative Hearing Commission (AHC), which found cause to discipline Appellant's license as a peace officer, and the subsequent order of the Missouri Director of the Department of Public Safety, which permanently revoked Appellant's license, holding that Mo. Rev. Stat. 590.080 is valid. On appeal, Appellant argued that section 590.080, under which the AHC may find that cause for discipline exists of the licensee has committed a criminal offense, whether or not a criminal charge has been filed, violates principles of separation of powers embodied in Mo. Const. art. II, 1. Appellant further argued that the order of the Director revoking his license was not supported by competent and substantial evidence. The Supreme Court affirmed, holding (1) nothing in section 590.080 violates the separation of powers provision; and (2) there was ample competent and substantial evidence for the Director to conclude that continuing to license Appellant as a peace officer would not adequately protect the public. View "O'Brien v. Department of Public Safety" on Justia Law

by
The Supreme Court affirmed the judgment of the circuit court convicting Defendant of attempted enticement of a child, holding that there was no error in the proceedings below. Defendant was convicted of attempted enticement of a child, in violation of Mo. Rev. Stat. 566.161, and sentenced to five years' imprisonment. The Supreme Court affirmed, holding (1) the circuit court did not err or deprive Defendant of a fair trial in failing to submit Defendant's proffered instructions; and (2) the circuit court did not abuse its discretion in sustaining the State's objection to the cross-examination of the victim's sister, from whom Defendant sought to elicit testimony as to whether the victim had a tendency to exaggerate. View "State v. Michaud" on Justia Law

Posted in: Criminal Law
by
The Supreme Court affirmed the decision of the administrative hearing commission determining that certain pain treatment service items used in compounding medications do not fall under the use tax exemption in Mo. Rev. Stat. 144.054.2 for materials used or consumed in compounding a product, holding that the commission correctly determined that the Interventional Center for Pain Management (Center) did not qualify for the compounding exemption under section 144.054.2. The director of revenue assessed $69,311 in tax liability for a five-year period against Center after discovering that Center did not file a use tax return or pay use tax on certain out-of-state purchases. Center contested use tax liability for certain items used for the injection of prescription drug compounds, asserting that the devices were exempt from use tax as materials used in compounding operation under section 144.054.2. The administrative hearing petition upheld the assessment. The Supreme Court affirmed, holding that Center failed to meet its burden of proof to prove its purchases were used in the compounding of a product for sale, as required for the compounding exemption under section 144.054.2. View "Interventional Center for Pain Management v. Director of Revenue" on Justia Law

Posted in: Health Law, Tax Law
by
The Supreme Court reversed the order of the circuit court overruling Appellant's motion to dismiss and compel arbitration, holding that Mo. Rev. Stat. 435.355 obligated the circuit court to order the parties to proceed to arbitration under the circumstances of this case. Prior to his discharge from the hospital, Theron Ingram executed a written Durable Power of Attorney naming Andrea Nicole Hall as his attorney in fact. Ingram was subsequently admitted to Brook Chateau, and Hall executed an arbitration agreement with Brook Chateau on Ingram's behalf. Ingram later filed a petition against Brook Chateau alleging negligence and seeking punitive damages. Brook Chateau responded by filing a motion to dismiss and compel arbitration. The circuit court overruled the motion, and the court of appeals affirmed. The Supreme Court reversed, holding that the circuit court was required under section 435.355 to compel arbitration because Brook Chateau attached a valid arbitration agreement alongside its motion to dismiss and compel arbitration. View "Ingram v. Chateau" on Justia Law

by
The Supreme Court quashed this Court's preliminary writ of prohibition, holding that the issuance of the writ of prohibition sought by Key Insurance Company directing the circuit court to dismiss claims filed against it by Josiah Wright and Phillip Nash for lack of jurisdiction would be inappropriate. After arbitration, Wright filed a lawsuit against Key and Nash seeking to collect insurance proceed's from Nash's child's insurance policy. Nash filed a cross-claim against Key alleging that Key breached its contractual duty to defend him. Key filed a motion to dismiss the claims for lack of jurisdiction. The circuit court overruled the motion. Key then sought a writ of prohibition from the Supreme Court. The Court issued a preliminary writ of prohibition, which it then quashed, holding that where there had been no showing that the circuit court’s usurpation of jurisdiction was "clearly evident" and Nash adequately pleaded facts in his cross-claim that established personal jurisdiction, the issuance of a writ of prohibition would be inappropriate. View "State ex rel. Key Insurance Co. v. Honorable Marco A. Roldan" on Justia Law