Gremminger v. Missouri Labor and Industrial Relations Commission2/24/2004
s not defined in the Act. The primary rule of statutory construction is to ascertain legislative intent by giving the words used in the statute their plain and ordinary meaning. American Healthcare v. Director of Revenue, 984 S.W.2d 496, 498 (Mo. banc 1999); Section 1.090 RSMo 2000. In the absence of statutory definitions, we may look to dictionary definitions to find a word's plain and ordinary meaning. American Healthcare , 984 S.W.2d at 498; State Dept. Soc. Ser. v. Brookside Nursing, 50 S.W.3d 273, 276 (Mo. banc 2001). Webster's Third New International Dictionary (1996) defines "personal injury" as "1: an injury affecting one's physical and mental person as contrasted with one causing damage to one's property 2: an injury giving rise to a personal action at law." Id. at 1686.
In addition, when a statute contains terms that have had other judicial or legislative meanings attached to them, we presume the legislature acted with knowledge of that judicial or legislative action. Citizens Elec. Corp. v. Dept. of Revenue, 766 S.W.2d 450, 452 (Mo. banc 1989). We may therefore consider other legislative or judicial meaning given to a term. Brookside , 50 S.W.3d at 277. The Missouri Supreme Court has held: "The words 'personal injuries' as defined by lexicographers, jurists, and text-writers and by common acceptance, denote an injury either to the physical body of a person or to the reputation of a person, or to both." Soukop Employers Liability Asso. v. Corporation, 108 S.W.2d 86, 90 (Mo. banc 1937). "Personal injury" is construed to mean "bodily injury" in its restrictive sense, but is construed to mean an injury to a personal right in its broad sense. Gray v. Wallace, 319 S.W.2d 582, 583-84 (Mo. 1958). See also 43A C.J.S. Injury 770 (1978). A "personal right" in law is a right "that forms part of a person's legal status or personal condition, as opposed to the person's estate." Black's Law Dictionary 1323 (7th ed. 1999). Injuries to a person's reputation or feelings exemplify injuries to personal rights. St. John's Regional Health Center, Inc. v. Windler, 847 S.W.2d 168, 171 (Mo.App. 1993). Actions for injuries to personal rights include libel, slander, criminal conversation, seduction, false imprisonment, and malicious prosecution. Gray, 319 S.W.2d at 584; St. John's 847 S.W.2d at 171; Vitale v. Sandow, 912 S.W.2d 121, 122-23 (Mo.App. 1995); 43A C.J.S. Injury 769 (1978).
Thus, in its broad sense, "personal injury " is coextensive with the class of torts known as "personal torts," "which involve injuries to the person, whether to the body, reputation or feelings." Travelers Indemnity Company v. Chumbley, 394 S.W.2d 418, 422 (Mo.App. 1965). The other class of torts is "property torts," "which involve injury or damage to property, whether realty or personalty." Id. See also Smith v. Smith, 300 S.W.2d 275, 280 (Mo.App. 1957) (cited with approval in Nebbitt v. Nebbitt, 589 S.W.2d 297, 300 (Mo. banc 1979)). Whether a tort is a personal tort or a property tort determines when a cause of action is assignable, Beall v. Farmers' Exchange Bank of Gallatin, 76 S.W.2d 1098, 1099 (Mo. 1934), or may be subrogated, Chumbley, 394 S.W.2d at 422-24. Under prior law it also determined whether a cause of action survived, Forsthove v. Hardware Dealers Mutual Fire Ins. Co., 416 S.W.2d 208, 217 (Mo.App. 1967), or whether inter-spousal immunity applied. Smith , 300 S.W.2d at 280; Nebbitt, 589 S.W.2d at 300.
Actions for fraud and deceit are considered property torts and "more than merely personal" when they involve matters diminishing the property of the person defrauded. Houston v. Wilhite, 27 S.W.2d 772, 775 (Mo.App. 1930). " rauds, deceits and other torts by which an estate, real or personal, has been injured,
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