Justia Missouri Supreme Court Opinion Summaries
Articles Posted in Personal Injury
Wieland v. Owner-Operator Services, Inc.
The Supreme Court affirmed the judgment of the circuit court in favor of Plaintiff on her claim of negligence alleging that Defendant, her employer, breached its duty to protect her from the criminal act of a third person on its premises. On appeal, Defendant argued that the circuit court erred in submitting a verdict director to the jury that was not supported by substantial evidence and erred in allowing Plaintiff to make arguments to the jury that misstated the law as instructed in the verdict director. The Supreme Court held (1) the allegation of error made in Defendant’s first point on appeal was not properly preserved; and (2) Defendant’s remaining arguments on appeal were unavailing. View "Wieland v. Owner-Operator Services, Inc." on Justia Law
Posted in:
Personal Injury
Wieland v. Owner-Operator Services, Inc.
The Supreme Court affirmed the judgment of the circuit court in favor of Plaintiff on her claim of negligence alleging that Defendant, her employer, breached its duty to protect her from the criminal act of a third person on its premises. On appeal, Defendant argued that the circuit court erred in submitting a verdict director to the jury that was not supported by substantial evidence and erred in allowing Plaintiff to make arguments to the jury that misstated the law as instructed in the verdict director. The Supreme Court held (1) the allegation of error made in Defendant’s first point on appeal was not properly preserved; and (2) Defendant’s remaining arguments on appeal were unavailing. View "Wieland v. Owner-Operator Services, Inc." on Justia Law
Posted in:
Personal Injury
State ex rel. Fennewald v. Honorable Patricia S. Joyce
The Supreme Court granted mandamus relief to Relator, who sought to resign, revoke, or withdraw the circuit court’s medical authorization order authorizing the release of the decedent’s medical records, holding that the medical authorization order in this case was prohibited by this court’s precedent.Relator filed a wrongful death action against Defendants after his brother, the decedent, died allegedly from metastatic colon cancer. During discovery, Defendants sought an order from the circuit court authorizing the release of the decedent’s medical records. The circuit court signed an order authorizing the release of medical records. Relator then petitioned for this writ to prohibit the use of the decedent’s unlimited medical records. The Supreme Court granted a writ of prohibition, holding that the medical authorization was prohibited because there was no case-by-case review of the medical authorization designed to tailor the requests to the pleadings. View "State ex rel. Fennewald v. Honorable Patricia S. Joyce" on Justia Law
Barron v. Abbott Laboratories, Inc.
The Supreme Court affirmed the judgment of the circuit court awarding Maddison Schmidt $15 million in compensatory damages and $23 million in punitive damages for her personal injury claim. The court held that the circuit court did not err in overruling Abbott Laboratories, Inc.’s (1) pretrial motion to transfer venue, (2) pretrial motion to sever Schmidt’s claim from other plaintiffs’ claims, (3) motions for directed verdict and judgment notwithstanding the verdict on Schmidt’s failure-to-warn claim, and (4) motions for directed verdict and judgment notwithstanding the verdict on Schmidt’s demand for punitive damages. View "Barron v. Abbott Laboratories, Inc." on Justia Law
Posted in:
Personal Injury
Thomas v. Mercy Hospitals East Communities
The trial court did not abuse its discretion by allowing prospective juror 24 to serve on the jury in this medical negligence case.Following a jury trial, the trial court entered judgment in favor of defendant hospitals. Plaintiffs appealed, arguing that the trial court erred by failing to strike for cause juror 24 because she expressed a disqualifying bias in favor of Defendants. The Supreme Court disagreed, holding that the trial court did not abuse its discretion by finding, without additional questioning, that prospective juror 24 was not disqualified because she was successfully rehabilitated when the entire voir dire was considered, including her later statement that she could follow the trial court’s instructions. View "Thomas v. Mercy Hospitals East Communities" on Justia Law
Posted in:
Medical Malpractice, Personal Injury
Bishop & Associates, LLC v. Ameren Corp.
Bishop & Associates, LLC (B&A) filed an action against Ameren Corp. and others (collectively, Ameren and the supervisors) alleging wrongful discharge in violation of public policy and other claims after Ameren terminated its relationship with B&A. The circuit court entered summary judgment for Ameren and the supervisors on all counts. The Supreme Court affirmed, holding (1) Missouri does not recognize a cause of action for wrongful discharge in violation of public policy for independent contractors; (2) the circuit court did not err in granting summary judgment to the defendants on B&A’s claim of breach of the implied covenant of good faith and fair dealing; (3) Missouri case law does not support breach of contract claim for wrongful termination in violation of public policy; and (4) the circuit court did not err in entering summary judgment on B&A’s tortious interference with a business expectancy claim. View "Bishop & Associates, LLC v. Ameren Corp." on Justia Law
Johnson v. Auto Handling Corp.
Robert Johnson brought a products liability case against Cottrell Inc. and Auto Handling Corp. At the conclusion of Johnson’s case the trial court directed a verdict in favor of Auto Handling on all of Johnson’s theories against it. The jury returned verdicts in favor of Johnson on his claims against Cottrell of negligence as submitted in Instruction 10 and of strict liability failure to warn as submitted in Instruction 13. The trial court entered judgment against Cottrell on the negligence verdict for $1,150,332. The Supreme Court reversed, holding (1) the trial court erred in granting Auto Handling’s motion for directed verdict; and (2) Instruction 10 was error, and because the error was prejudicial the judgment in favor of Johnson on his negligence claims against Cottrell is reversed. Because of the intertwined nature of the evidence and the various theories against the two defendants, the case is remanded for retrial as to the negligent maintenance and inspection claim against Auto Handling and as to Johnson’s negligence claims and strict liability failure to warn claim against Cottrell. View "Johnson v. Auto Handling Corp." on Justia Law
Posted in:
Personal Injury, Products Liability
Newsome v. Kansas City, Missouri School District
The circuit court awarded Plaintiff $500,000 in damages on his claim against the Kansas City School District for wrongful discharge in violation of public policy. The Supreme Court remitted the award to $403,189 and affirmed the judgment of the circuit court in all other respects, holding that the circuit court (1) did not err in overruling the district’s motion for judgment notwithstanding the verdict; (2) did not err in overruling the district’s motion for new trial based on alleged errors in a jury instruction; but (3) erred in overruling the district’s motion for remittitur because the award exceeded that which is allowed by law. View "Newsome v. Kansas City, Missouri School District" on Justia Law
Posted in:
Labor & Employment Law, Personal Injury
Smith v. Humane Society of the United States
Petitioner, who ran a kennel, filed a petition against the Humane Society of the United States and Missourians for the Protection of Dogs alleging that various statements made in documents related to the ballot initiative entitled the Puppy Mill Cruelty Prevention Act were defamatory and placed her in a false light. The circuit court dismissed the petition on the grounds that the statements were absolutely privileged opinions and because Petitioner failed to plead any facts cognizable under a false light cause of action. The Supreme Court affirmed, holding that the circuit court did not err in dismissing the petition because none of the statements pleaded in the defamation claims were actionable as a matter of law and because Petitioner did not plead any facts cognizable in a false light claim. View "Smith v. Humane Society of the United States" on Justia Law
Posted in:
Personal Injury
State ex rel. Norfolk Southern Railway Co. v. Hon. Colleen Dolan
Russel Parker, an Indiana resident, brought a personal injury action against Norfolk Southern Railway Company, a Virginia corporation, under the Federal Employer’s Liability Act, alleging cumulative trauma sustained during his years of employment with Norfolk in Indiana. Norfolk moved to dismiss for lack of personal jurisdiction alleging that Missouri had no personal jurisdiction. The trial court overruled the motion without stating the grounds for its ruling. Norfolk sought a writ of prohibition directing the trial court to dismiss the suit. The Supreme Court issued a preliminary writ of prohibition, which it subsequently made permanent, holding that Missouri did not have specific or general personal jurisdiction over Norfolk in the underlying personal injury action. View "State ex rel. Norfolk Southern Railway Co. v. Hon. Colleen Dolan" on Justia Law
Posted in:
Civil Procedure, Personal Injury