Missouri Lawyers Weekly articles from November 2002

Missouri Lawyers Weekly archives from November 2002

Toddler broke his leg when shopping cart almost tipped.(Missouri)
November 4, 2002... Byline: Paul E. Boynton Where a 2-year-old broke his leg when a grocery cart he was riding in hit a grate on the store's parking lot and almost tipped over, the boy had a submissible premises liability case, the Missouri Court of Appeals'...

Expert doc's testimony changed after deposition: plaintiffs get new trial due to surprise.(Missouri)
November 4, 2002... Byline: Kenneth C. Jones Where a medical expert for the defendants in a malpractice case changed his testimony between his deposition and trial, the circuit court properly granted a new trial to the plaintiffs following a defense verdict,...

In Jackson County, mom sues over failure to release medical records.(Missouri)
November 4, 2002... Byline: Kristen H. Garroway Parties trying to get information from residential care facilities have a new weapon if they think medical records are being withheld, a recent case shows -- they can file an independent action for failure to...

Missouri Court of Appeals says carrier could amend and add exclusion as defense.
November 4, 2002... Byline: Kenneth C. Jones Even though an insurance company failed to assert an exclusion as an affirmative defense when it first answered a policyholder's suit over denial of coverage, the trial court properly allowed it to amend its answer...

Burden of proof in DWI cases is changed by Missouri Court of Appeals ruling.(driving while intoxicated)
November 11, 2002... Byline: Kenneth C. Jones Where a driver received a trial de novo after his license was suspended for driving while intoxicated, the trial court should not have shifted to him the burden of rebutting the Director of Revenue's case for...

Med-mal caps still vexing for both sides of the bar.(Missouri)
November 11, 2002... Byline: Kristen H. Garroway Ambiguity in the statute limiting noneconomic damages in med-mal cases hampers lawyers' ability to evaluate -- and advise clients about -- the claims, say both plaintiffs' and defense attorneys. Enacted in...

Missouri Supreme Court says retailer gets contribution from product wholesaler.
November 18, 2002... Byline: Kenneth C. Jones Where a retailer settled a products liability case brought by a hunter who was injured when his "tree seat" fell to the ground, the retailer could get contribution from the wholesaler of the seat, the Missouri...

Missouri Court of Appeals finds support ended when son dropped college courses.
November 18, 2002... Byline: Kenneth C. Jones Where a young man failed to complete at least 12 hours of course work in his second semester of college, he became emancipated and his father's child support obligation was permanently terminated, the Missouri...

Missouri Court of Appeals finds bicyclist can't sue golf course over fall.
November 18, 2002... Byline: Kenneth C. Jones A bicyclist who rode from a public park onto an adjacent golf course could not sue the course for premises liability after he fell on a fairway and was injured, the Missouri Court of Appeals' Eastern District has...

Missouri Court of Appeals Eastern District finds no prejudice arose in slip-and-fall case.
November 25, 2002... Byline: Kenneth C. Jones Even though a medical record shown to the jury in a premises liability case contained the words "Insurance: Blue Choice," the plaintiff suffered no prejudice, the Missouri Court of Appeals' Eastern District has...

Passenger gets $3.9M auto tort settlement with state of Missouri.
November 25, 2002... Byline: Paul D. Boynton A man injured in an accident with a Missouri Department of Transportation vehicle settled his Greene County case for $3.9 million -- more than 10 times the sovereign immunity damages cap. The plaintiff's lawyer,...

Missouri Court of Appeals Southern District finds contempt appealable when dad posted bond.
November 25, 2002... Byline: Kenneth C. Jones Even though a father charged with contempt for failing to pay child support was never sent to jail, he could appeal the contempt order by posting a supersedeas bond, the Missouri Court of Appeals' Southern District...