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Missouri Personal Injury Lawyer Case Update

St. Louis Missouri Personal Injury Lawyer Update

MISSOURI PERSONAL INJURY LAWYER CASE UPDATE

Missouri Medical Malpractice Injury Case Damages Cap Discussed

LaRose v. Washington University

In this St. Louis, Missouri hospital and doctor medical malpractice case brought by a Missouri medical malpractice lawyer, s ubstantial evidence supported jury verdict that negligent medical misdiagnosis by hospital and doctor caused Plaintiffs´ injury and damages in lost chance of recovery and loss of consortium case. Each plaintiff injured by hospital and doctor medical malpractice may recover damages up to the statutory cap on non-economic damages. Allowing husband to re-take the stand to support loss of consortium was not error under Missouri medical malpractice and personal injury case law. Affirmed.

Missouri Court of Appeals Eastern District, St. Louis, Missouri

Utility Potentially Liable for Missouri Personal Injury
Grattan v. Union Electric Company

Missouri utility may be liable for personal injury resulting from negligence in failure to detect downed power lines and cut power in this City of St. Louis, Missouri personal injury case. In this case, filed by a St. Louis personal injury attorney, "It was a question of fact for the jury whether the defendant, having notice by means of instruments in its plant, was negligent in failing sooner to locate a break and prevent harm coming from it." Summary judgment reversed in part for trial on utility´s timeliness in shutting off power.

Supreme Court of Missouri, Jefferson City, Missouri

Missouri Personal Injury Lawsuit Alleged Dangerous Condition Of Road
Kraus v. Hy-Vee, Inc.

Missouri car accident personal injury lawyer's a llegation of negligently failing to install traffic lights and properly re-stripe the intersection in this Columbia, Missouri Boone County case fell within waiver of sovereign immunity under the dangerous condition of road exception and stated a claim under Missouri personal injury car accident case law. Allegation by Missouri car accident personal injury lawyer of negligent traffic study stated claim against preparer of traffic study. Abutting property owner, and builder of grocery store on such property, had no legal duty to install traffic lights or to stripe the road under Missouri personal injury and car accident case law.
Missouri Court of Appeals Western District, Kansas City, Missouri

Missouri Wrongful Death Lawyer Argued Savings Statute Applied To All Plaintiffs
Denton v. Soonattrukal

Missouri wrongful death lawyer argued claim s avings statute applies to Plaintiff who did not file original wrongful death lawsuit because Plaintiff was within the class that could have filed the original action. Missouri Wrongful Death Stautes create a single, indivisible action for all injured plaintiffs. The "literal interpretation as that espoused by Defendants would tend to diminish by mere procedural hyper-technicality two additional objectives behind the wrongful death statutes, that is ´to ensure that tortfeasors pay for the consequences of their actions, and generally to deter harmful conduct which might lead to death.´" Case arose in Dunklin County, Missouri.
Missouri Court of Appeals Southern District, Springfield, Missouri

Manufacturer Liability Under Missouri Product Liability Law Discussed
Brough v. Ort Tool and Die Corporation

In Missouri products liability injury law case, Jackson County Missouri Trial Court correctly entered summary judgment in favor of Defendants who drafted plans for machine component or merely reassembled machine. Such activities do not allow subjecting Defendants to dangerous products liability injury law liability for efective design or construction of machine.
Missouri Court of Appeals Western District, Kansas City, Missouri

Railroad Personal Injury Law Jury Instructions Approved
Patrick Johnson v. Union Pacific Railroad Company

Trial court r ecord supported instructions on negligence in Federal Employers´ Liability Act ("FELA") railroad injury case. In this City of Saint Louis, Missouri case, railroad employee suffered personal injury in train derailment from defective track where another locomotive had derailed the previous day, and "Employer failed to use all available equipment to check for defects as a precautionary measure after replacing the rail that broke the day before employee's derailment." Rejection of Defendant employer's instruction on aggravation of a pre-existing medical condition was not prejudicial because employer presented trial evidence of condition and he instruction submitted expressly limited damages to personal injury suffered in derailment.
Missouri Court of Appeals Eastern District, St. Louis, Missouri

Exclusion Of Medical Expenses Undecided
Porter v. Toys ´R´ Us
Trial Court did not err by allowing amendment of petition because it argued no new theory and required no new defenses. Plaintiff made a submissible case by showing that Owner of premises had constructive knowledge of dangerous condition in time to prevent injury; Appellate Court disregards evidence to the contrary. Name of Expert not called by Owner was admissible to explain why Plaintiff discussed Expert in voir dire and opening statement; no adverse inference was suggested. Record is insufficient to decide exclusion of medical expenses.
Missouri Court of Appeals Western District , Kansas City, Missouri

Condition Of Road Was Not Cause Of Injury
State of Missouri ex rel. Nixon v. Westbrooke

Highway Patrolmen let traffic resume in lane where Worker was clearing wreckage, injuring Worker. Exception to sovereign immunity for dangerous condition of roads does not apply because road was not physically defective. Prohibition issues to halt Trial Court proceedings against State, except dismissal.
Missouri Court of Appeals Southern District, Springfield, Missouri

Dangerous Dog Injury Verdict Upheld
Savory v. Hensick

Dog caused Worker to fall and sustain personal injury, requiring two back surgeries in this Arnold Missouri case tried in Jefferson County , Missouri . "The issue is whether the animal´s behavior creates a foreseeably dangerous situation for the invitee. The motivation for that behavior, whether viciousness or playfulness, is immaterial." Personal injury lawyer presented substantial evidence showed that dog chewing, playing and bites were a foreseeable danger to injured worker. Plaintiff´s judgment for personal injury affirmed.
Missouri Court of Appeals Eastern District, St. Louis, Missouri.

No Liability For Sudden Stop
Wilkerson v. Williams

Plaintiff rear-ended Defendant. Appellate Court need not address whether Defendant had duty to watch traffic behind him because " Plaintiff ´s negligence was the proximate cause of the collision as a matter of law. Therefore, Defendant ´s alleged failure to keep a careful lookout and failure to warn of his intention to stop were too remote to be causative in a legal sense and support the imposition of liability upon him." Appellate Court substitutes defendant ad litem for deceased Defendant.
Missouri Court of Appeals Southern District, Springfield, Missouri

Statute Of Limitations Bars Sexual Abuse Claim Against Church
John T. Doe, Appellant v. O´Connell

Plaintiff´s petition made claims under RICO and Missouri law for sexual abuse by cleric. Whether "discovery accrual rule" or "injury occurrence rule" applies to RICO claim, Petition shows that injury occurred outside of time allowed. Missouri claims are untimely under "capable of ascertainment" rule. Petition did not show fraudulent concealment, equitable estoppel or duress.
Missouri Court of Appeals Eastern District, St. Louis, Missouri

Car Accident Injury Award for Pain And Suffering Upheld
Moses v. Halstead

Passenger who suffered personal injury while riding with drunk driver involved in Buchanan County , Missouri car accident sought new trial when jury awarded $10,000 for pain and suffering. Appellate Court affirms because jury was entitled to disbelieve claims of on-going pain and suffering and future medical expenses. " T he jury could reasonably conclude that her claim for pain and suffering and future medical care, alleging additional damages in the range of $100,000 to $300,000, was speculative and inflated." Trial Court in St. Joseph , Missouri Buchanan County properly directed jury to reconsider its initial erroneous attempt to apply comparative negligence to auto accident injury case.
Missouri Court of Appeals Western District , Kansas City, Missouri

Liability of Occasional Seller under Missouri Products Liability Injury Law and Wrongful Death Statute Discussed
Engel v. Corrigan Company-Mechanical Contractors, Inc.

In this case from the City of St. Louis, Missouri, a builder sold off equipment "as is" to lessor, who rented it to decedent. Missouri personal injury lawyer alleged that the plaintiff was injured as a result of a dangerous product defect. The Saint Louis , Missouri trial court correctly dismissed the Missouri products liability injury claim against Builder because Builder is not a seller of goods under statute. "It is not subject to statute because its sale of the manlift was incidental to and not in the course of its business."
Missouri Court of Appeals Eastern District, St. Louis, Missouri.

Missouri Medical Malpractice and Wrongful Death Damages Discussed
Cook v. Newman

For Missouri statutory cap on non-economic medical malpractice injury damages, three wrongful death plaintiffs count as one, health care provider and its employees are each separate defendants, and each of their acts of medical negligence was an "occurrence." Missouri Constitutional ban on retrospective laws does not apply to annual adjustment of cap because it merely protects the prescribed remedy from inflation, rather than changing the effects of Defendants´ actions.
Missouri Court of Appeals Western District, Kansas City, Missouri

Statute Bars Suit For Marketing Of Firearms
City of St. Louis v.Cernicek

Plaintiff alleged that Defendants designed their firearm products unsafely; that they knew or should have known that such products were being diverted into illegal markets, and failed to take actions that could have reduced such diversion. Trial Court dismisses as to most Defendants and certifies judgment for appeal. Appellate Court affirms because "the enactment of statute seems to be in response to suits like this one, which attempt to apply theories of tort liability to the significantly regulated industry of manufacturers, distributors, and dealers of firearms." Plaintiff waived constitutional attack on statute by not raising it to Trial Court.
Missouri Court of Appeals Eastern District, St. Louis, Missouri.

Statute Of Limitations Does Not Revive Claim For Childhood Sexual Abuse
Harris v. Hollingsworth

Plaintiff´s actions for battery, and other physical and emotional abuse, expired before new statute relating to childhood sexual abuse was effective. Statute "does not apply retroactively to resuscitate claims that were already barred at the time it became effective." Dismissal affirmed.
Missouri Court of Appeals Western District, Kansas City, Missouri

No Comparative Fault When Bus Hit Farm Vehicle
Ruzicka v. Ryder Student Transportation Services, Inc.

In this Polk County, Missouri personal injury bus accident case, the trial court did not err in denying a comparative fault instruction because no evidence showed that Plaintiff drove farm machine on highway negligently prior to the accident. No plain error review for evidence of Plaintiff´s injuries without a specific objection. Evidence of advance payment of personal injury claim did not prejudice Defendant. Trial Court did not err in denying remittitur of $2.4 million verdict won by Missouri bus accident lawyer.
Missouri Court of Appeals Southern District, Springfield, Missouri

Liability for Personal Injury Claim in FELA Railroad Case
Cupp v. National Railroad Passenger Corporation

On Site Seller that built and sold maintenance facility had a duty to persons in facility, even though Railroad owned the facility, because Seller retained control of the work and machinery in the facility. No instruction on Railroad´s knowledge of the unsafe condition was necessary because Employee showed evidence of Railroad´s knowledge of the unsafe condition. Evidence of subsequent remedial measures was admissible because measures were planned before injury.
Missouri Court of Appeals Eastern District, St. Louis, Missouri

Waiver Clause Did Not Waive Missouri Personal Injury Claim for Negligence
Frank v. Mathews

In this Clay County Missouri horse riding accident personal injury case, Plaintiff, horse riding student, agreed to "release and hold harmless Defendant from any and all liability to or claim for injury . . . which may result from my use of such facility . " Such release, like Equine Liability Act that it quoted, immunizes equine facilities only as to assumed risks inherent in riding, and did not apply to allegations of trainer negligence that may have caused horse riding injury. Defendants´ summary judgment reversed.
Missouri Court of Appeals Western District, Kansas City, Missouri

Immunity From Wrongful Anatomical Gift
Schembre v. Mid-America Transplant Association

Decedent´s family claimed that negligence of Hospital, its Employee, and Transplant Service caused them to sign away Decedent´s body parts under Uniform Anatomical Gift Act. Record showed no negligent act or lack of good faith by Transplant Service; summary judgment in its favor affirmed. Summary judgment in favor of Hospital and Employee reversed because Employee´s representations were in dispute. "In such a case, it is not this tribunal´s duty to determine the credibility of the witnesses or resolve these factual issues."
Missouri Court of Appeals Eastern District, St. Louis, Missouri

Claimant Was Not Uncompensated Tort Victim
In re: Tort Victim´s Compensation Fund: James Hollins, Jr.

Claimant did not qualify for uncompensated tort victims fund because he settled with a tortfeasor for less than policy limits. Labor and Industrial Relations Commission may adopt ALJ´s findings. Case dismissed for late filing, though such filing was pursuant to Commission´s instructions.
Missouri Court of Appeals Eastern District

Denial Of Uncompensated Tort Victim Benefits Upheld
Skabialka v. Tort Victim Compensation Fund, Respondent.

Non-resident has no appeal from denial of Tort Victim Compensation Fund award, and her appeal is dismissed. "Uncompensated tort victim" is eligible for award, but not automatically entitled. Substantial evidence supported denial of award.
Missouri Court of Appeals Eastern District, St. Louis, Missouri

Missouri Personal Injury Statute Of Limitations Starts Running When Injury Detected
Grady v. Amrep, Inc.

In this St. Louis , Missouri toxic tort and harmful chemical exposure personal injury case, Plaintiff dismissed first lawsuit and filed second lawsuit. Dismissal bore two date stamps. Defendant sufficiently raised statute of limitation by citing statute in motion. Statute of limitations on claim for personal injury damages from dangerous chemical exposure began with exposure because "Plaintiff immediately experienced symptoms and knew what had caused them . " Law suit certificate of service matching earlier date showed that Plaintiff did not file second lawsuit within one year of dismissal.
Missouri Court of Appeals Eastern District, St. Louis, Missouri

Liability of Social Host for Missouri Drunk Driving Car Accident Personal Injury Discussed
Gabelsberger v. Hake

Missouri car accident lawyer's law suit stated no cause of action for negligence because drunk driver's consumption of alcohol and voluntary intoxication were the proximate cause of car accident victim's death, not the supplying of the alcoholic beverages to driver by Defendant. Defendant was not subject to Missouri personal injury liability under Dram Shop law because he was not in the business of supplying alcohol.
Missouri Court of Appeals Western District, Kansas City, Missouri

Evidence Did Not Show Causation
Payne v. City of St. Joseph, Missouri

Plaintiff fell from transfer station, where refuse for landfill is unloaded. Trial Court properly granted City´s motion for judgment notwithstanding the verdict on claim based on dangerous condition of property. Appellate Court affirms because Plaintiff failed to show causation in fact, in that he did not show what barrier would have prevented his fall without making the transfer station unusable.
Missouri Court of Appeals Western District, Kansas City, Missouri

Missouri Slip and Fall Personal Injury Liability Discussed
Steward v. Baywood Villages Condominium Association

In this St. Louis County, Missouri slip and fall personal injury case, contractor had no duty to keep surfaces clear of snow and ice, only to clear surfaces twice a day. Injured Plaintiff´s testimony did not show that she slipped on snow or ice. "If a party testifies to facts within his or her knowledge that defeat his or her case, that party cannot rely on contradictory testimony to make a submissible case." Directed verdicts affirmed.
Missouri Court of Appeals Eastern District, Saint Louis, Missouri

Time Runs Out Before Full Damage Known
Glover v. Palmer

In this Jasper County, Missouri convenience store injury case, a Jasper County, Missouri personal injury attorney b rought action more than two years after injury victim allegedly discovered personal injuries "to her entire spine and all of her internal organs, to all her muscles, ligaments, bones, sinews, arteries and blood vessels." In raising Missouri statute of limitations defense, Defendant alleged that victim did not know the full extent of her injuries until later. Appellate Court affirms Jasper County , Missouri Trial Court's dismissal of personal injury law suit because time begins running when injury damage is known, not full extent of injury damage.
Missouri Court of Appeals Southern District, Springfield , Missouri

Portions of Some Case Summaries Include Missouri Bar Content

Recent Missouri State Highway Patrol Crash Reports