Missouri Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Missouri or Court of Appeals of Missouri where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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State ex rel Howenstine v. Roper - 2/15/2005
Opinion Vote: WRIT MADE ABSOLUTE.
All concur.
Opinion:
In the underlying medical malpractice case, Paul Muren claims that Dr. Debra Howenstine is responsible for negligent treatment he received from various nurses at...
Augur v. Norfolk Southern Railway Co. - 2/8/2005
Opinion Vote: REVERSED AND REMANDED.
Smart and Howard, J.J., concur.
Opinion:
Mark Augur appeals the trial court's grant of summary judgment in favor of Norfolk Southern Railroad Company on his claim for negligence....
McElroy v. Eagle Star Group - 1/25/2005
Opinion Vote: AFFFIRMED.
Holliger, P.J., and Breckenridge, J., concur.
Opinion:
Appellant, Eagle Star Group, Inc. ("Eagle Star"), appeals the denial of its motion to set aside a default judgment entered by the Circuit...
Norman v. Wright - 1/25/2005
Opinion Vote: REVERSED AND REMANDED.
All concur.
Opinion:
This Court again considers the judgment upon the verdict in favor of Kimberly and Jerry Norman against Dr. Andy J. Wright for the wrongful death of the...
State ex rel Larkin v. Oxenhandler - 1/18/2005
Opinion Vote: WRIT OF PROHIBITION MADE ABSOLUTE.
Smart, P.J., and White Hardwick, J., concur.
Opinion:
Relator Bobby Larkin seeks a writ of prohibition against the trial court's decision to proceed in a wrongful death...
Courtway v. Brand - 1/11/2005
Opinion Vote: REVERSED.
Cohen, P.J., and Knaup Crane, J., concur.
Opinion:
Cheryl Jordan (Defendant Jordan) appeals from the dismissal of her claim against Douglas Brand, Jr. (Defendant Brand) for personal injuries...
Collins v. Missouri Bar Plan - 1/11/2005
Concurring opinion by Judge Smart:
The author concurs in the majority opinion but writes separately to express concerns related to the claims for damages.
Opinion Vote: REVERSED AND REMANDED.
Smith, PJ., concurs and...
Hoffman v. Union Electric Co. - 1/4/2005
Opinion Vote: REVERSED AND REMANDED.
Gaertner, Sr., P.J., concurs.
Sullivan, J., dissents in a separate opinion.
Opinion:
Theodore and Deborah Hoffman appeal the summary judgment denying their claim of...
Ferguson v. Gateway Insurance Co. - 12/28/2004
Opinion Vote: AFFIRMED.
Breckenridge, P.J., and Smart, Jr., J., concur.
Opinion:
The central issue in this dispute in which Douglas Ferguson and his family have sued Gateway Insurance Company is whether or not a...
McCormack v. Capital Electric Construction Co. - 12/21/2004
Opinion Vote: AFFIRMED IN PART; REVERSED IN PART.
Spinden, P.J. and Holliger, J., concur.
This appeal arises from a jury verdict awarding Virgil and Sandra McCormack $30.4 million dollars on negligence and loss of...
Roberts v. Progressive Northwestern Insurance Co. - 12/21/2004
Opinion Vote: AFFIRMED.
Parrish, P.J., and Shrum, J., concur.
Opinion:
On July 21, 1997, Thomas Roberts ("Thomas") and Cara Roberts ("Cara") were passengers in a 1997 Camero being driven by Chad Campbell ("Campbell")...
Kesterson v. Wallut - 12/7/2004
Opinion Vote: AFFIRMED.
White Hardwick, P.J., and Ulrich, J., concur.
Opinion:
Ms. Nicole Kesterson, a Missouri state employee, was injured in a car accident when she accompanied her boss, Mr. Gary Wallut, on a...
Hutchison v. State - 12/7/2004
Opinion Vote: AFFIRMED IN PART; REVERSED IN PART; REMANDED.
White, C.J., Stith and Teitelman, JJ., and Rahmeyer, Sp.J., concur; Limbaugh, J., concurs in part and dissents in part in separate opinion filed; Price, J., concurs in...
State ex rel McDonald's Corp. v. Bryant - 12/7/2004
Opinion Vote: WRIT OF PROHIBITION MADE ABSOLUTE.
Ahrens and Shaw, JJ., concur.
Opinion:
Relator, McDonald's Corporation, filed its petition for a writ of prohibition or, in the alternative, a writ of mandamus. Relator...
Woods v. Cory - 12/2/2004
Opinion Vote: DISMISSED.
Prewitt, J., and Rahmeyer, J., - concur
Opinion:
U.S. Foodservice ("Appellant") appeals from the order of the Circuit Court of Howell County enforcing a settlement agreement between it and...
Missouri Employers Mutual Insurance Co. v. Nichols - 11/30/2004
Opinion Vote: AFFIRMED.
Ulrich, P.J., and Lowenstein, J., concur.
Opinion:
Ronnie Nowlin (decedent), an employee of Lonnie Nichols Trucking and Excavation, Inc. (Nichols Trucking), died in a work-related accident. His...
State ex rel Ford Motor Co. v. Westbrooke - 11/23/2004
Opinion Vote: WRIT MADE ABSOLUTE AS MODIFIED.
White, C.J., Wolff, Stith, Teitelman and Limbaugh, JJ., and Blackmar, Sr.J., concur. Russell, J., not participating.
Opinion:
I.
The trial court issued an order...
George Ward Builders - 11/23/2004
Opinion Vote: VACATED AND REMANDED.
Ellis, P.J., and Smith, J., concur.
Opinion:
George Ward Builders, Inc., and Robert Allen (referred to collectively as "Ward Builders") appeal the dismissal of its two-count...
Tambone v. Tambone - 11/16/2004
Opinion Vote: REVERSED AND REMANDED.
Crandall, Jr., J., and Ahrens, J., concur.
Opinion:
Tracy L. Tambone (hereinafter, "Wife") and Gregorio Tambone (hereinafter, "Husband") were married on May 28, 1992. During their...
Hobbs v. Boy Scouts of America Incorporated - 11/16/2004
Opinion Vote: AFFIRMED.
Breckenridge and Howard, JJ., concur.
Opinion:
Lance Hobbs appeals the summary judgment granted by the trial court in his action against the Boy Scouts, the Heart of America Council, and a...
Kraus v. Hy-Vee - 11/9/2004
Opinion Vote: AFFIRMED IN PART; REVERSED IN PART; REMANDED.
Lowenstein and Holliger, JJ. concur.
Opinion:
This appeal stems from an automobile collision at an intersection in Columbia, Missouri. The survivors of a...
LaRose v. Washington University - 11/9/2004
Opinion Vote: AFFIRMED.
Crandall Jr., J. and Russell, S.J., concur.
Opinion:
Washington University ("defendant") appeals the judgment on a jury verdict in favor of Gail LaRose and Richard LaRose (collectively referred...
Graham v. Geisz - 9/21/2004
Opinion Vote: AFFIRMED. Cohen, P.J., and R. Dowd, Jr., J., concur.
Opinion:
Plaintiff appeals from the trial court's judgment dismissing his negligence claim against a co-employee for lack of subject matter jurisdiction...
Savory v. Hensick - 9/14/2004
Opinion Vote: AFFIRMED. Cohen, P.J. and Dowd, Jr., J. concur.
Opinion:
Plaintiffs, an injured contractor and his wife, filed this premises liability action against the defendant homeowners to recover damages plaintiffs...
State ex rel Green v. Neill - 2/24/2004
Opinion Vote: WRIT IS MADE ABSOLUTE.
All concur.
Opinion: Relators (defendants in a medical malpractice claim) seek a writ of prohibition barring Respondent from taking any further action other than transferring the...
Avis Rent-A-Car Systems - 2/24/2004
Opinion Vote: DISMISSED.
Sullivan, C.J., and Crane, J., concur
Opinion:
Peter Howard (hereinafter, "Howard") appeals from the trial court's judgment which entered a directed verdict in favor of Avis Rent-A-Car...
Gremminger v. Missouri Labor and Industrial Relations Commission - 2/24/2004
Opinion Vote: AFFIRMED.
Norton, P.J., and Hoff, J., concur.
Opinion:
Claimants appeal from the Final Award of the Labor and Industrial Relations Commission (the Commission) affirming the award of the Administrative...
Compton v. Rinehart's Meat Processing - 2/19/2004
Opinion Vote: AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
Rahmeyer, C.J., Shrum and Bates, JJ., concur
Opinion: AFFIRMED IN PART, REVERSED IN PART, AND REMANDED
In this appeal by Rinehart's Meat Processing ("...
In re Care and Treatment of Lieurance - 2/19/2004
Opinion Vote: AFFIRMED.
Barney, P.J., Prewitt and Garrison, JJ., concur.
Opinion:
Robert L. Lieurance ("Appellant") appeals from the judgment of the trial court finding that he is a sexually violent predator ("SVP")...
Anderson v. Shelter Mutual Insurance Co. - 2/10/2004
Opinion Vote: AFFIRMED.
Crahan and Cohen, J., concurs
Opinion:
Keith Anderson ("Anderson") appeals from the trial court's judgment in favor of Shelter Mutual Insurance Company ("Shelter") and against him on each...
Kerns v. Midwest Conveyor - 2/10/2004
Opinion Vote: AFFIRMED.
Breckenridge, P.J., and Howard, J., concur.
Opinion:
Midwest Conveyer appeals from the decision of the Labor and Industrial Relations Commission (Commission) awarding the respondent, Robert...
Straub v. Tull - 2/6/2004
Opinion Vote: AFFIRMED.
Prewitt and Garrison, J.J., concur.
Opinion:
Gary Tull, ("Appellant"), appeals from a judgment entered against him in which his daughter, Terri Straub ("Respondent"), was awarded damages...
Like v. Glaze - 2/3/2004
Edward Like appeals the trial court's grant of summary judgment in favor of Brian Glaze. We affirm.
I. BACKGROUND
Like was walking in front of Glaze's property when a dog broke free of the chain that was keeping it in...
Payne v. Mudd - 2/3/2004
Ella Payne (Payne) appeals from the trial court's judgment dismissing her personal injury claim against Bob Mudd (Mudd) and Southwestern Hearing Aid Company, Inc. (Southwestern). We affirm.
Payne filed her petition on December...
Coon v. American Compressed Steel - 1/30/2004
Opinion Vote: AFFIRMED.
Ulrich and Hardwick, JJ., concur.
Opinion:American Compressed Steel, Inc. and William Copeland appeal the denial of their motion to intervene in the family court case in which the court decreed the...
Adams v. Squibb - 1/29/2004
Opinion Vote: AFFIRMED.
Barney, P.J., and Garrison, J., concur.
Opinion: AFFIRMED
Susan Adams ("Appellant") appeals from an adverse judgment in a personal injury action stemming from a motor vehicle collision. With...
SSM Health Care St. Louis - 12/23/2003
Opinion Vote: REVERSED AND REMANDED WITH INSTRUCTIONS.
Ahrens, P.J. and Norton, J., concur.
Opinion:
A hospital, SSM Health Care St. Louis, was found vicariously liable for the actions of Dr. Koch in a medical...
State Board of Registration for the Healing Arts v. McDonagh - 12/23/2003
The State Board of Registration for the Healing Arts (the Board) initiated a disciplinary complaint against Dr. Edward McDonagh primarily alleging that he violated section 334.100, a part of the Missouri Healing Arts Practice Act,...
Markham v. Fajatin - 12/23/2003
Opinion Vote: DISMISSED.
Mooney and Draper III, JJ., concur.
Opinion:
Lisa Markham (Appellant) appeals a trial court judgment granting the motion of several defendants to dismiss Counts IV, VI, and VII for lost chance...
Hampton v. Big Boy Steel Erection - 12/9/2003
In this workers' compensation case, Big Boy Steel Erection (employer) appeals from the final award of the Labor and Industrial Relations Commission (commission) allowing compensation and modifying the award of the Administrative Law...
Miller v. City of Kansas City - 12/9/2003
Opinion Vote: AFFIRMED.
Ellis, C.J., and Howard, JJ.
Opinion:
Anna Miller (appellant) sued the city of Kansas City, Missouri (City or respondent) for injuries sustained in a one-car accident. She alleged that a turn...
Grattan v. Union Electric Company - 12/9/2003
Opinion Vote: AFFIRMED.
Sullivan, C.J., and Hoff, J., concur.
Opinion:
Plaintiffs, an injured driver and his wife, filed this personal injury action against the defendant utility to recover damages for injuries...
State v. Rollen - 12/2/2003
Introduction
Paul Rollen (Defendant) appeals from a judgment of conviction of one count of robbery in the first degree, two counts of felony murder in the second degree, and three counts of armed criminal action. Defendant...
Logan v. Show-Me Power Electric Cooperative - 11/25/2003
Opinion Vote: AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
Parrish, P.J., and Rahmeyer, C.J., concur.
Opinion:
John Logan, III, and Christina Logan ("Plaintiffs") are the parents of John Logan, IV ("Logan"), who...
Byers v. Auto-Owners Insurance Co. - 11/21/2003
Opinion Vote: AFFIRMED.
Parrish and Shrum, JJ., concur.
Opinion:
AFFIRMED
Patrick A. Duncan ("Duncan") was killed in an automobile accident in Arkansas. The driver of the other vehicle, Jason Klein ("Klein"),...
Messner v. American Union Insurance Company - 11/19/2003
Opinion Vote: REVERSED AND REMANDED.
Parrish, J., and Rahmeyer, C.J., P.J., concur.
Opinion:
This is a suit by Siegfried C. Messner ("Plaintiff") against his automobile insurer, American Union Insurance Company...
Stotts v. Progressive Classic Insurance Co. - 11/4/2003
Opinion Vote: REVERSED AND REMANDED.
Lowenstein, P.J., and Smart, J., concur.
Opinion:
Progressive Classic Insurance Company appeals from the circuit court's denial of its motion for summary judgment and the grant of...
McKinney v. H.M.K.G. & C. - 11/4/2003
Opinion Vote: REVERSED.
Spinden, P.J., and Holliger, JJ., concur.
Opinion:
Opinion:
I. FACTUAL AND PROCEDURAL BACKGROUND
This case involves a question of premises liability. At issue is a landlord's duty...
Gauert v. Chris-Leef General Agency Agency - 11/4/2003
Opinion Vote: AFFIRMED.
Smart, P.J. and Hardwick, J. concur.
Opinion:
Sharon Gauert appeals the trial court's grant of summary judgment in favor of Chris-Leef General Agency, Inc. on her claim of negligence in the...
Waller v. YMCA of Greater St. Louis - 11/4/2003
Opinion Vote: DISMISSED WITHOUT PREJUDICE.
Mooney and Draper III, JJ., concur.
Opinion:
On November 27, 2001, the trial court entered a judgment approving a settlement of Plaintiffs' Petition for Damages and Personal...
Missouri Forge - 10/30/2003
Missouri Forge, Inc. ("Appellant") appeals the decision of the Labor and Industrial Relations Commission (the "Commission") to grant unemployment benefits to Joie L. Turner ("Claimant"). The dispositive issue is whether Claimant quit...
Asmus v. Capital Region Family Practice-McCarty Clinic - 9/30/2003
Richard Asmus appeals the trial court's dismissal of his medical malpractice claim against Capital Region Family Practice, et al., the denial of his motion to amend the petition to remedy its deficiency, and the denial of his motion...
Auto Owners Mutual Insurance Co. v. Sugar Creek Memorial Post No.3976 - 9/30/2003
Sugar Creek Memorial Post No. 3976, Veterans of Foreign Wars of the United States, Inc. (the "VFW"), Olivia Rogers, and Monica and Douglas Sweet (collectively, "Appellants") appeal from the Circuit Court of Jackson County's grant of...
Roth v. La Societe Anonyme Turbomeca France - 9/30/2003
When a lawsuit's defendants lie about insurance coverage and induce the plaintiff to settle, should the courts permit the plaintiff to enforce the settlement but sue for damages growing out of the fraudulent inducement? That is the...
Oberreiter v. Fullbright Trucking Co. - 9/23/2003
Opinion Vote: AFFIRMED.
Crandall Jr., and Mooney, JJ., concur.
Opinion:
This is the third appeal in this workers' compensation case. The Second Injury Fund ("Fund") now appeals from the decision of the Labor and...
Orr v. City of Springfield - 9/23/2003
Opinion Vote: AFFIRMED.
Barney, P.J., and Garrison, J., concur.
Opinion:
The City of Springfield ("Employer") appeals a decision by the Labor and Industrial Relations Commission ("Commission") affirming and...
Godefroid v. Kiesel Co. - 9/9/2003
Opinion Vote: AFFIRMED.
Russell, J., and Simon, Sr. J., concur.
Opinion:
Appellant, The Kiesel Company ("Kiesel"), appeals the judgment of the Circuit Court of the City of St. Louis granting respondents, Janice...
Baird v. Ozarks Coca-Cola/Dr. Pepper Bottling Company - 9/9/2003
Opinion Vote: AFFIRMED.
Shrum, J., and Rahmeyer, C.J., concur
Opinion:
Ozarks Coca-Cola/Dr. Pepper Bottling Co. (employer) appeals a workers' compensation award by the Labor and Industrial Relations Commission (the...
Hoskins .v Business Men's Assurance - 6/30/2003
Opinion Vote: AFFIRMED IN PART; REVERSED IN PART.
Ellis, C.J., and Newton, J., concur.
Opinion:
Forest "Dino" Hoskins and his wife, Judy Hoskins (Plaintiffs), sued the owners of the building where Mr. Hoskins worked...
Dangerfield v. City of Kansas City - 6/30/2003
Opinion Vote: REVERSED AND REMANDED.
Howard, P.J., and Hardwick, J., concur.
Opinion:
Emet Dangerfield appeals the granting of City of Kansas City's second motion for new trial. Six months earlier, Dangerfield had...
Werremeyer v. K.C. Auto Salvage - 6/30/2003
On February 20, 1997, defendant, K.C. Auto Salvage Co., Inc., ("K.C. Auto"), through employee John Tyson, bought a 1993 Toyota Forerunner ("car") at an auction held by defendant, Copart of Kansas, Inc. ("Copart") in Kansas City,...
Spearman v. Western Missouri Mental Health Center - 6/30/2003
Opinion Vote: REVERSED IN PART AND AFFIRMED IN PART.
Howard, P.J., and Ulrich, J., concur.
Opinion:
Western Missouri Mental Health Center appeals from the circuit court's determination that Myrtle Spearman is entitled...
Smalley v. Parks - 6/24/2003
Opinion Vote: AFFIRMED.
Rahmeyer, C.J., and Shrum, J., concur.
Opinion:
Shirley Joanne Smalley petitioned for a declaratory judgment from the probate division of the Circuit Court of Hickory County declaring her the...
Chandler v. Allen - 6/24/2003
Opinion Vote: AFFIRMED.
Smart, P.J. and Holliger, J. concur.
Opinion:
Ronald Chandler appeals the trial court's grant of summary judgment in favor of Mark Allen, Dave Mosby, Linward Appling, and Ronald Moteni...
Horne v. Ebert - 6/24/2003
Opinion Vote: REVERSED AND REMANDED.
Smart, Jr., P.J., and Ulrich, J., concur.
Opinion:
Appellant Parker Construction, Inc., appeals the grant of summary judgment in favor of respondents James Ebert and David Gwinn,...
Dieterich v. Pickett - 6/17/2003
Opinion Vote: REVERSED AND REMANDED.
Ellis, P.J., and Holliger, J., concur.
Opinion:
Marilyn Dieterich appeals from the circuit court's judgment granting summary judgment in favor of respondent John Pickett....
ATS - 6/3/2003
Opinion Vote: AFFIRMED.
Dowd, Jr., P.J. and Draper III, J., concur.
Opinion:
ATS, Inc. (Employer) and Liberty Mutual Insurance Company (Insurer) appeal from the trial court's grant of summary judgment in favor of...
Berlin v. Pickett - 3/28/2003
Opinion Vote: REMANDED.
Smith, P.J., and Hardwick, J.J.
Opinion:
Dr. Roger Berlin appeals from the trial court's judgment for the defendants in Berlin's action on account against William H. Pickett and William H....
Mast v. Surgical Services of Sedalia - 3/28/2003
I. FACTUAL AND PROCEDURAL BACKGROUND
In June 1997, Mrs. Shirley Mast was suffering from gastroesophageal reflux disease. Dr. Stuart Braverman was treating her and eventually performed a fundoplication surgery. In the two weeks...
Daniel v. Indiana Mills & Manufacturing - 3/19/2003
Opinion Vote: AFFIRMED.
Prewitt, P.J., and Rahmeyer, C.J., concur.
Opinion:
Indiana Mills & Manufacturing, Inc., (defendant) appeals a judgment in a case in which Larry Daniel (plaintiff) prevailed in a products...
Norman v. Wright - 3/18/2003
Opinion Vote: REVERSED AND REMANDED. All concur.
Opinion:
Kimberly and Jerry Norman sued Doctor Andy J. Wright for the wrongful death of their son. The jury found for the Normans. The circuit court reduced the verdict by...
Hancock v. Shook - 3/18/2003
Opinion Vote: AFFIRMED.
White, Woff, Benton, Stith, and Teitelman, JJ., concur. Limbaugh, C. J., disents in separate opinion filed.
Opinion:
I.
Glen Hancock appeals a verdict in his favor of $12,500 against...
Habahbeh v. Beruti - 3/11/2003
Opinion Vote: DISMISSED.
Smart and Newton, JJ., concur.
Opinion:
This is an appeal from the dismissal, for lack of personal jurisdiction, of appellant's petition for conversion and trespass of chattels against three...
Romero v. Kansas City Station Corporation - 3/4/2003
Opinion Vote: REVERSED AND REMANDED.
Smart and Hardwick, JJ., concur.
Opinion:
Anthony Romero appeals from the summary judgment of the Circuit Court of Clay County for the respondent, Kansas City Station Corporation,...
Davolt v. Highland - 2/28/2003
Opinion Vote: AFFIRMED. Breckenridge, P.J., and Holliger, J., concur.
Opinion:
Jimmie Davolt sued Dr. Thomas Highland for medical malpractice. A jury found in favor of Mr. Davolt and awarded $700,000 in total damages. ...
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