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Gremminger v. Missouri Labor and Industrial Relations Commission2/24/2004
diminished or damaged" have been traditionally classified as injuries to property rights which are assignable under common law and not as "'torts for personal injuries, and for wrong done to the person, the reputation, or the feelings of the injured party, and those based on contracts of a purely personal nature, such as promises of marriage,' " which are not assignable under common law. State ex rel. Park Nat. Bank v. Globe Indemnity Co., 61 S.W.2d 733, 736 (Mo. 1933) (quoting 2 R.C.L. 596 section 3); see also Beall , 76 S.W.2d at 1099. An action for fraud and deceit is not a personal injury and is assignable when the injury affects the estate or arises out of contract. Id. (quoting 5 C . J . Assignments section 56, (1926)) . See also Jones , 102 B.R. at 732; 43A C.J.S. Injury 769 n.7 (classifying a cause of action for fraud and deceit as one for injury to property); WILLIAM L . PROSSER, HANDBOOK OF THE LAW OF TORTS 881 (3d ed. 1964) (classifying fraud as a tort to property rights and thus not subject to inter-spousal immunity)).
Claimants' judgment for damages for fraudulent misrepresentation was for injury to property rights and interests and was not for invasion of a personal right. Their judgment was not based on a personal injury claim, even in the broadest sense of the term "personal injury." For this reason we do not need to reach, and specifically decline to reach, the question whether the term "personal injury" as used in the Act is used in its narrow sense or in its broad sense. Claimants' claims for compensation from the Tort Victims' Compensation Fund were not based on a judgment in a personal injury lawsuit and were therefore not compensable. Points one, two, and three are denied.
For their fourth point claimants contend the Commission erred in consolidating their claims pursuant to 8 CSR 50-8010(10). In light of our holding that their claims are not covered by the Act, point four is moot.
The award of the Commission is affirmed.
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