Missouri Lawyers Weekly articles from March 2004

Missouri Lawyers Weekly archives from March 2004

Experts say workers' comp legislation before MO General Assembly favors employers.
March 1, 2004... Byline: Ann Corrigan The Missouri General Assembly is considering two bills that would make fundamental changes to workers' compensation law - primarily to the benefit of employers, experts say. The proposed changes in House Bill 1397...

10 Years Ago in Missouri Lawyers Weekly: March 1, 2004.
March 1, 2004... Byline: Missouri Lawyers Weekly Staff 'Wrongful Conception' Damages Limited A man who had a vasectomy but then fathered a child could not sue the doctor who performed the procedure for the cost of treating the congenital heart defect...

Verdicts and Settlements-March 1, 2004: Parking lot owner cleared in car accident lawsuit.
March 1, 2004... Byline: Aaron Brown A motorcyclist severely injured in an accident has lost his Jackson County negligence case against the owner of a parking lot. The 17-year-old plaintiff, who struck a car that was pulling out of the lot, claimed the...

Verdicts and Settlements-March 1, 2004: Man had complications after gallbladder surgery.
March 1, 2004... Byline: Missouri Lawyers Weekly Staff $400,000 Settlement A 75-year-old man who developed complications after gallbladder surgery in a Veterans Hospital filed a medical malpractice case under the Federal Tort Claims Act. The...

Verdicts and Settlements-March 1, 2004: Passenger hurt in head-on collision.
March 1, 2004... Byline: Missouri Lawyers Weekly Staff $100,000 Settlement Angela Jones made a claim for underinsured motor-ist coverage after a head-on automobile accident. On Aug. 11, 2002, Jones was a passenger in a car driving on Interstate 70...

U.S. Bankruptcy Court - App. Panel Case Summaries: March 1, 2004.
March 1, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Environmental Fines - Dischargeability - Punitive Where the owner of a tire scrap business was fined for failing to comply with state environmental regulations before he filed his...

Missouri Court of Appeals Southern District Case Summaries: March 1, 2004.
March 1, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Rule 74.04 - Summary Judgment Motion - Defective Where a party's motion for summary judgment failed to cite the transcript, did not set forth the material facts in support of the...

Missouri Court of Appeals Western District Case Summaries: March 1, 2004.
March 1, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Methamphetamine - Drug Court Participation - Refusal To Consider Where a trial court stated that a defendant charged with the possession of methamphetamine was not considered for...

8th Circuit rules front pay award limited by misconduct after firing.
March 1, 2004... Byline: Kenneth C. Jones A front pay award to a sex discrimination plaintiff could be limited because she was fired from a subsequent job for misconduct, the 8th U.S. Circuit Court of Appeals has ruled in a case of first impression. ...

MO Supreme Court rules Boone County med-mal case cannot be tried in St. Louis.
March 1, 2004... Byline: Kenneth C. Jones Where an alleged act of medical malpractice occurred at a university hospital in Boone County, the plaintiff could not sue in St. Louis City, the Missouri Supreme Court has ruled. The plaintiff argued that...

Verdicts and Settlements-March 1, 2004: Rh-positive mother didn't get immunoglobulin.
March 1, 2004... Byline: Missouri Lawyers Weekly Staff $950,000 Settlement A woman with Rh-negative blood sued a hospital for medical malpractice after it failed to inject her with Rh immunoglobulin before and immediately after the birth of her first...

Verdicts and Settlements-March 1, 2004: Bowel perforated during ovary removal.
March 1, 2004... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A Springfield woman who suffered two bowel perforations during laparoscopic surgery sued for medical malpractice. On July 15, 1996 Dr. William Magill performed laparoscopic...

Federal judge overturns $8.9M damage award in patent infringement suit against Hallmark.
March 1, 2004... Byline: Missouri Lawyers Weekly Staff A federal judge has overturned a jury's $8.9 million damage award in a patent infringement suit against Hallmark Cards Inc. involving a machine that curls ribbons, the Associated Press reports. In...

Federal judge revokes citizenship of St. Louis man suspected of being Nazi guard.
March 1, 2004... Byline: Missouri Lawyers Weekly Staff A federal judge on Feb. 25 revoked the U.S. citizenship of a St. Louis man suspected of serving as an armed guard at Nazi concentration camps during World War II, finding that he took part in...

MO Lawyers in the News: March 1, 2004.
March 1, 2004... Byline: Missouri Lawyers Weekly Staff Lori L. Bockman, Jay J. Hoette, Robert G. Raleigh and Anna T. Selby have joined Armstrong Teasdale in St. Louis. Bockman is of counsel in the Business Services Department and concentrates her practice...

Jackson County parking lot owner cleared in car accident lawsuit.
March 1, 2004... Byline: Aaron Brown A motorcyclist severely injured in an accident has lost his Jackson County negligence case against the owner of a parking lot. The 17-year-old plaintiff, who struck a car that was pulling out of the lot, claimed the...

MO Court of Appeals' W. District rules stock options were not marital property.
March 8, 2004... Byline: Kenneth C. Jones Even though stock options were given to a husband because of work performed during his marriage, they were not marital property since they were granted the day after the divorce decree was entered, the Missouri...

MO Court of Appeals' W. District rules prejudgment interest was proper due to court costs.
March 8, 2004... Byline: Kenneth C. Jones Where a plaintiff in a slip-and-fall case made a $300,000 settlement demand that was rejected and the jury later awarded the plaintiff $300,000, the defendant had to pay prejudgment interest, the Missouri Court of...

Verdicts & Settlements-March 8, 2004: Teenager injured in accident with tractor-trailer.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff $5 Million Verdict A 14-year-old girl injured in an accident with a truck on Highway 60 sued the truck driver and the trucking company that employed him. On Jan. 18, 2000 Toni Flood of...

Verdicts & Settlements-March 8, 2004: Man wins $1.1M, 20 years after lawnmower accident.
March 8, 2004... Byline: Geri Dreiling A man who lost his foot almost 20 years ago when his father ran over it with a lawnmower has won $1.18 million in his Jackson County case against his father's employer. VERDICT REPORT Ken Riordan was working...

Missouri Supreme Court Case Summaries: March 8, 2004.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff Constitutional Concealed Weapons Law - Hancock Amendment - Violation Where plaintiffs who brought a constitutional challenge against the concealed weapons law showed that the law increased...

Missouri Court of Appeals Southern District Case Summaries: March 8, 2004.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff Corporate Forfeiture Of Charter - Rescission - Timeliness Where a corporation filed an application for rescission of the forfeiture of its corporate charter 10 years and three months after...

Verdicts & Settlements-March 8, 2004: Credit card company sues insurer for breach of contract.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff $680,526.20 Verdict A credit card processing company that bought an insurance policy to protect against the risk of uncollectible chargebacks sued the carrier for breach of contract after it...

Verdicts & Settlements-March 8, 2004: Driver blames accident on road design.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff $100,000 Award A 19-year-old driver severely injured in an accident in Jackson County sued the Missouri Highway and Transportation Commission for negligent maintenance and design of a roadway. ...

United States Court of Appeals Eighth Circuit Case Summaries: March 8, 2004.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff Arbitration Procedural Prerequisites - Failure To Meet - Authority Where a party arguably did not meet the procedural prerequisites for arbitration including making an oral demand to arbitrate...

U.S. Bankruptcy Court- App. Panel Case Summaries: March 8, 2004.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Preferential Transfers - Antecedent Debt - 'New Value' Defense Where a debtor with another previous bankruptcy made an agreement with a creditor to pay for goods by electronic funds...

Jackson County jury awards man $1.1M twenty years after lawnmower accident.
March 8, 2004... Byline: Geri Dreiling A man who lost his foot almost 20 years ago when his father ran over it with a lawnmower has won $1.18 million in his Jackson County case against his father's employer. Ken Riordan was working as a custodian in...

MO Court of Appeals' E. District rules convict could not deny criminal act was intentional.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff A man who was convicted of assault for trying to run down a police officer with his car could not deny in the officer's subsequent civil suit that his conduct was intentional, the Missouri Court of...

Verdicts & Settlements-March 8, 2004: $2.05M settlement awarded in pickup truck roll over.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff $2.05 Million Settlement A passenger in a pickup truck who was paralyzed in an accident with a tractor-trailer sued over his injuries. On Dec. 1, 2001 Jeremiah Sparks was a passenger in a Chevy...

10 Years Ago in Missouri Lawyers Weekly: March 8, 2004.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff Horseplay Didn't Defeat Comp Claim Where an employer tolerated, and even on occasion participated in the horseplay of its employees, an employee who was cut by a co-worker's poultry scissors after...

Judge to decide ownership of Episcopal church in St. Louis suburb.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff A judge has been asked to decide who should control an Episcopal church's assets in the St. Louis suburb of Town and Country, ostensibly to settle the flap rooted in debate over a gay Episcopal bishop...

MO Senate approves gay marriage ban.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff Putting its mark on an issue that has garnered national attention, the state Senate has approved a measure that would ask voters to ban gay marriage in the Missouri Constitution, the Associated Press...

Critics say Missouri's DWI law is too lenient.
March 8, 2004... Byline: Missouri Lawyers Weekly Staff For Robert Ley, it's a no brainer. A drunken driver is criminally responsible if he strikes a pedestrian and drives away while the victim is left to die. His son, Benjamin Ley, 23, died that way on...

Commentary: The risks of non-lawyer staff.
March 15, 2004... Byline: Emily Eichenhorn Non-lawyer staff members can put your firm at risk just as much, if not more, than any attorney. Negligence, breaches of confidentiality, and bad client interactions on the part of secretaries, receptionists,...

MO Lawyers in the News: March 15, 2004.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff Marta J. Papa of St. Louis announced the formation of The Center for Divorce Professionals, which brings together an attorney, financial planner and professional counselor to provide divorcing couples...

United States Court of Appeals Eighth Circuit Case Summaries: March 15, 2004.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Subject Matter Jurisdiction - Takings Claims - Court of Federal Claims Where plaintiffs filed takings claims against the Army Corps of Engineers in federal district court, the...

Missouri Court of Appeals Eastern District Case Summaries: March 15, 2004.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Evidence - Failure To Admit - Ordinances Where city ordinances imposing taxes on parking garage operators were not admitted into evidence in a dispute over the license tax, the...

Verdicts & Settlements- March 15, 2004: Ford hit for $12.5M over fatal pickup crash.
March 15, 2004... Byline: Geri Dreiling A wrongful death suit against Ford Motor Company alleging a defective product design on a 1997 F150 pick-up truck netted a $12.5 million verdict from a Jackson County jury. VERDICT REPORT John and Shirley...

Verdicts & Settlements- March 15, 2004: $456K verdict awarded in wrongful death case.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff $456,000 Verdict The daughters of a 54-year-old woman who died in a pontoon boat accident on the Mississippi River sued a towboat company for wrongful death. Shirley Neustaedter watched the...

Verdicts & Settlements- March 15, 2004: $225,000 settlement in automobile accident action.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff $225,000 Settlement An 11-year-old boy who suffered a brain injury in a two-vehicle crash sued both drivers. Anthony Purdue, who lived in Arkansas, was a passenger in a car being driven by...

Verdicts & Settlements- March 15, 2004: $200,000 verdict for truck driver rear-ended at light.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff $200,000 Verdict A truck driver who was rear-ended sued for his injuries. On Aug. 23, 2001, Ed Reed, a 30-year-old furniture mover, was stopped at a red light on Highway D in Overland, Mo. He...

10 Years Ago in Missouri Lawyers Weekly: March 15, 2004.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff Legal-Mal Payouts Soar The average indemnity payment on a legal malpractice claim closed in Missouri has risen from $39,998 in 1985 to $180,198 in 1992, according to a report released last week by...

MO GOP pushes tort reform.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff The House endorsed legislation March 9 strictly curtailing personal injury lawsuits in what proponents touted as a tort reform measure aimed primarily at stemming the rise of medical malpractice...

Verdicts & Settlements- March 15, 2004: Passenger injured in car accident wins $50,000 verdict.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff $50,000 Verdict A woman injured in a car accident sued the other driver for her injuries. On July 30, 2001 Amillia Amick was a front seat passenger in a car being driven by a friend in Cole...

U.S. Bankruptcy Court App. Panel Case Summaries: March 15, 2004.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Lien - Perfection - Bona Fide Dispute Even though a trustee did not file an adversary proceeding seeking to avoid a bank lien on a Chapter 7 debtor's farm vehicles, the bank failed...

Jackson County jury awards $12.5M in wrongful death suit against Ford Motor Co.
March 15, 2004... Byline: Geri Dreiling A wrongful death suit against Ford Motor Company alleging a defective product design on a 1997 F150 pick-up truck netted a $12.5 million verdict from a Jackson County jury. John and Shirley Mathes and their...

U.S. District Court rules plaintiff could sue individuals under MO Human Rights Act.
March 15, 2004... Byline: Kenneth C. Jones An employee could sue individual co-workers under the Missouri Human Rights Act for sexual harassment, thereby defeating diversity jurisdiction when the case was removed to federal court, the U.S. District Court...

Lawrence County jury awards $5M verdict to teen injured in accident with truck.
March 15, 2004... Byline: Aaron Brown A 14-year-old girl who suffered a closed-head injury when the van she was riding in was struck by a tractor-trailer has won $5 million in her Lawrence County case. The trucking company admitted liability, but argued...

Missouri Court of Appeals Southern District Case Summaries: March 15, 2004.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff Corporate LLC - Guaranty Obligation - Operating Agreement Where a trial court in a dispute over the payment of promissory notes executed by an LLC declared the parties' obligations based on...

Missouri Court of Appeals Western District Case Summaries: March 15, 2004.
March 15, 2004... Byline: Missouri Lawyers Weekly Staff Driver's License DWI - Rule 73.01 - Findings Where the trial court in a drunk driving case failed to make findings of fact regarding the accuracy of the breath test result, the findings are...

8th U.S. Circuit Court of Appeals rules insurer must cover girl's suit against psychologist.
March 22, 2004... Byline: Kenneth C. Jones A psychologist's malpractice carrier had to cover a suit against him for failing to report that a girl was being sexually abused by her father, the 8th U.S. Circuit Court of Appeals has ruled. The carrier...

MO Court of Appeals' Western District rules expert testimony was comment on credibility of plaintiff.
March 22, 2004... Byline: Kenneth C. Jones Expert testimony that a plaintiff had "somatization disorder" -- a condition in which a person exaggerates physical ailments -- was improperly admitted in her personal injury case, the Missouri Court of Appeals'...

Verdicts & Settlements-March 22, 2004: Woman fell outside theater settles for $375,000.
March 22, 2004... Byline: Missouri Lawyers Weekly Staff A woman who fell and broke her leg while walking from the parking lot into the Starlight Theatre in Kansas City sued for premises liability. On July 19, 2002, Delores Hallouer, 69, and her daughter...

Verdicts & Settlements-March 22, 2004: Building owner sues deputy sheriffs.
March 22, 2004... Byline: Missouri Lawyers Weekly Staff $26,000 Settlement A Johnson County woman sued two deputy sheriffs who allowed someone to come onto her property and tear down a building without her permission. Diana Lockhart owned an...

Missouri Court of Appeals Southern District Case Summaries: March 22, 2004.
March 22, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Motion To Suppress - Statements - Evidence Where a murder defendant who was not given a Miranda warning repeatedly told an investigating officer "I'm going to jail," any error by...

Plan to combine MO's four legal aid organizations into one entity has been abandoned.
March 22, 2004... Byline: Missouri Lawyers Weekly Staff An intense battle over control of legal services programs in the state has been resolved in favor of proponents of local control. As Missouri Lawyers Weekly reported in April 2003, Legal Services...

29 former popcorn factory workers await trial in lawsuit against manufacturer of butter flavoring.
March 22, 2004... Byline: Missouri Lawyers Weekly Staff Millions of dollars are at stake as 29 former popcorn factory workers await trial in lawsuits that pit them against a leading global manufacturer of butter flavoring, the Associated Press reports....

MO Lawyers in the News: March 22, 2004.
March 22, 2004... Byline: Missouri Lawyers Weekly Staff The Auto Club of Missouri and its affiliate, Automobile Club Inter-Insurance Exchange, announced the formation of an in-house Litigation Department in Kansas City. Pamela W. Brown will head the new...

Verdicts & Settlements March 22, 2004: KC Power & Light awarded $135M for explosion at power plant.
March 22, 2004... Byline: Geri L. Dreiling A computer parts maker has been hit with a $135 million verdict arising out of an explosion at a Kansas City power plant. Kansas City Power & Light sued after sewer water gushed out of toilets at an electricity...

Missouri Court of Appeals Eastern District Case Summaries: March 22, 2004.
March 22, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Rule 84.04 - Brief - Inadequate Where the pro se brief of a father in a domestic relations case among other inadequacies failed to set out tables of cases and authorities and...

Verdicts & Settlements-March 22, 2004: Shooting death at banquet hall leads to $5M verdict.
March 22, 2004... Byline: Aaron Brown The family of a 17-year-old girl who was shot and killed while attending a party for teenagers at a neighborhood banquet hall have won $5 million in their Jackson County premises liability case. VERDICT REPORT ...

Verdicts & Settlements-March 22, 2004: Electric co. wins verdict for explosion at power plant.
March 22, 2004... Byline: Geri L. Dreiling A computer parts maker has been hit with a $135 million verdict arising out of an explosion at a Kansas City power plant. VERDICT REPORT Kansas City Power & Light sued after sewer water gushed out of...

Verdicts & Settlements-March 22, 2004: Car buyer files Lemon Law case.
March 22, 2004... Byline: Missouri Lawyers Weekly Staff $529.52 Verdict A couple who bought a 2000 Ford Explorer XLS filed Lemon Law and other claims after experiencing transmission and thermostat problems. In their lawsuit, the plaintiffs argued...

Verdicts & Settlements March 29, 2004: Shooting death at banquet hall leads to $5M verdict.
March 22, 2004... Byline: Aaron Brown The family of a 17-year-old girl who was shot and killed while attending a party for teenagers at a neighborhood banquet hall have won $5 million in their Jackson County premises liability case. The family claimed...

Missouri Court Of Appeals Southern District Case Summaries: March 29, 2004.
March 29, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Rule 24.035 Motion - Testimony - Credibility Where physical evidence, testimony and a confession supported drug charges against a defendant who pleaded guilty to the drug charges...

Federal lawsuit asks judge to remove Ten Commandments from cafeteria in MO school district.
March 29, 2004... Byline: Missouri Lawyers Weekly Staff A woman has filed a federal lawsuit asking a judge to remove a Ten Commandments plaque from a cafeteria in a southwest Missouri school district and to stop officials from leading students in prayer, the...

Verdicts & Settlements March 29, 2004: Man had leg problems after surgery.
March 29, 2004... Byline: Missouri Lawyers Weekly Staff $548,000 Verdict A man who had limited use of his legs after back surgery sued his surgeon for medical malpractice. Mario Ornelas, 60 years old, was a welder. On Dec. 8, 1998, Dr. Walter...

Missouri Lawyers in the News: March 29, 2004.
March 29, 2004... Byline: Missouri Lawyers Weekly Staff David B. Ansley of Springfield has become a Fellow of the American College of Trial Lawyers, an exclusive collection of trial lawyers who have mastered the art of advocacy and whose professional careers...

Verdicts & Settlements March 29, 2004: Suit over girl's drowning death settles for $2.5M.
March 29, 2004... Byline: Aaron Brown The parents of a 10-year-old girl who drowned in a swimming pool at a summer camp have settled their St. Louis City lawsuit for $2.5 million. SETTLEMENT REPORT Crystal Winston attended the camp at the urging of...

Verdicts & Settlements March 29, 2004: Worker using voltage meter died in electrical explosion.
March 29, 2004... Byline: Missouri Lawyers Weekly Staff $2.1 Million Settlement The family of a 45-year old man who died 24 days after being severely burned in an electrical explosion sued the manufacturer of a voltage meter he was using at the time....

Verdicts & Settlements March 29, 2004: Trailer became unhitched from vehicle.
March 29, 2004... Byline: Missouri Lawyers Weekly Staff $1.2 Million Settlement The family of a deputy sheriff who was killed when his patrol car was hit by a runaway trailer sued the trailer manufacturer for products liability. On Sept. 29, 2001...

U.S. Bankruptcy Court - Appeals Panel: March 29, 2004.
March 29, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Sale Of Property - Specific Performance - Purchase Agreement Where the bankruptcy court entered three orders approving the sale of debtors' property, the orders created a binding...

U.S. Supreme Court approves Missouri telecom law.
March 29, 2004... Byline: Missouri Lawyers Weekly Staff Thanks to changes in state law and changing desires of several Missouri cities, a decision March 24 by the U.S. Supreme Court appears moot, the Associated Press reports. In an 8-1 ruling, the court said...

Verdicts & Settlements March 29, 2004: Parties in med-mal case settles for $295,000.
March 29, 2004... Byline: Missouri Lawyers Weekly Staff $295,000 Settlement The four children of a 68-year-old woman who died of a heart attack sued an emergency room physician who diagnosed chest wall muscle strain. Mary Ann Lasiter was admitted to...

Missouri Court of Appeals' Western District rules IOLTA accounts do not violate constitution.
March 29, 2004... Byline: Kenneth C. Jones The Missouri Supreme Court rule establishing IOLTA trust accounts was not an unconstitutional taking of property without just compensation, the Missouri Court of Appeals' Western District has ruled in a case of...

In-house counsel urged to perform pro bono work.
March 29, 2004... Byline: Aaron Brown Although in-house lawyers traditionally have faced barriers to pro bono work not encountered by attorneys in private practice, a new Missouri Bar initiative launched by president William Corrigan Jr. aims to level the...

Missouri Court of Appeals' Eastern District rules van driver had duty to ensure woman was belted.
March 29, 2004... Byline: Kenneth C. Jones The driver of a van transporting a mentally handicapped woman had a duty to make certain that she was seat belted, the Missouri Court of Appeals' Eastern District has ruled, affirming a $2.8 million verdict for...

United States Court Of Appeals Eighth Circuit Case Summaries: March 29, 2004.
March 29, 2004... Byline: Missouri Lawyers Weekly Staff Admiralty Negligent Operation - Barge Collision - Limitation Of Liability Where a collision between a barge towboat and a casino boat resulted from the towboat pilot's failure to propose a...