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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Long v. Cross Reporting Service - 2/25/2003
The Long Family ("appellants") seeks a review of the trial court's judgment, which dismissed their petition and awarded sanctions against their attorney.
I. Factual and Procedural Background
The underlying Petition, upon...
Pink v. Knoche - 2/18/2003
Opinion Vote: REVERSED AND REMANDED.
Smart and Newton, JJ., concur.
Opinion: Appellant, American Family Mutual Insurance Company (American Family), appeals from a judgment following a jury verdict in the amount of $525,000...
Grab v. Dillon - 2/18/2003
Andrew and Michelle Grab ("Parents"), individually and as next friends for Nicholas Grab, appeal from a judgment entered on a jury verdict rendered in favor of Patrick A. Dillon, M.D., Cardinal Glennon Children's Hospital, and Saint...
Wilson v. Simmons - 2/18/2003
Opinion Vote: REVERSED AND REMANDED.
Ulrich, P.J., and Spinden, J., concur.
Opinion:
Terri A. Wilson, in her individual capacity and as next friend for her minor daughter, Katie B. Wilson, and Daniel E. Wilson,...
Blair v. Perry County Mutual Insurance Company - 2/4/2003
Opinion Vote: AFFIRMED.
Hoff, J., concurs, Mooney, C.J., dissents in separate opinion.
Opinion:
Heather Blair ("Blair"), by and through her next friend Carla Snider, appeals from the grant of summary judgment in favor...
McPherson v. U.S. Physicians Mutual Rish Rentention Group - 1/31/2003
Opinion Vote: REVERSED AND REMANDED WITH INSTRUCTIONS.
Newton, J. concurs. Smart, J. concurs in separate concurring opinion.
Opinion:
Overview
This case touches on the seeming tension between the statutory...
McCrackin v. Plummber - 1/31/2003
Opinion Vote: REVERSED AND REMANDED FOR NEW TRIAL.
Smith, J. and Hardwick, J. concur.
Opinion:
Larry W. McCrackin sued Teresa Plummber for personal injury that he suffered as a result of a vehicular collision of the...
Naucke v. Missouri Public Entity Risk Management Fund - 1/28/2003
Opinion Vote: AFFIRMED.
Breckenridge, P.J., and Lowenstein, J., concur.
Opinion:
Appellants Charles Naucke and John Duvall appeal the grant of summary judgment in favor of respondent Missouri Public Entity Risk...
Harvey v. Washington - 1/28/2003
Opinion Vote: REVERSED AND REMANDED.
Limbaugh, C.J., Wolff, Stith, and Price, JJ., and Steele and Montgomery, Sp.JJ., concur. White and Teitelman, JJ., not participating.
Opinion:
Willie Harvey sued Doctors Eric...
State ex rel Diehl v. O'Malley - 1/28/2003
Opinion Vote: WRIT MADE ABSOLUTE.
Limbaugh, C.J., White, Benton, Stith and Teitelman, JJ., and Cundiff, Sr.J., concur. Price, J., not participating.
Opinion:
Does Missouri's constitutional guarantee of a right to jury...
Sherar v. Zipper - 1/28/2003
Opinion Vote: REVERSED AND REMANDED.
Lowenstein, P.J., and Howard, J., concur.
Opinion:
The case at bar concerns an action for wrongful death brought by Esther Sherar and Denise White, plaintiffs (hereinafter...
Tapley v. Shelter Insurance Company - 12/30/2002
Opinion Vote: REVERSED.
Montgomery, P.J., and Barney, J., concur.
Opinion:
Shelter Insurance Company ("Shelter") contends that the trial court erred in awarding Alfreda Tapley ("Plaintiff") benefits under the...
State ex rel Division of Motor Carrier and Railroad Safety v. Russell - 12/24/2002
Original Proceeding in Prohibition
I.
Elizabeth Roe and Joe Wyant (plaintiffs) filed a petition for damages against multiple defendants, including the Division of Motor Carrier and Railroad Safety (relator). Their claim...
Kincade v. Treasurer of the State of Missouri - 12/17/2002
Opinion Vote: AFFIRMED.
Mooney, C.J., and Blackmar, Sr. J., concur.
Opinion:
The Treasurer of the State of Missouri as the Custodian of the Second Injury Fund ("SIF" or "the Fund") appeals the award of the Labor and...
State ex rel Dowdy - 12/10/2002
Opinion Vote: WRIT MADE ABSOLUTE AS MODIFIED. Wolff, Benton, Stith, Price and Teitelman, JJ., concur. White, J., not participating.
Opinion:
This is a companion case to State ex rel. Kertz v. Neill, ___ S.W.3d ___ (Mo. banc...
State ex rel Bierman v. Neill - 12/10/2002
Opinion Vote: PRELIMINARY WRIT MADE ABSOLUTE.
Wolff, Benton, Stith and Price, JJ., and Breckenridge, Sp.J., concur; White, J., dissents in separate opinion filed. Teitelman, J., not participating.
Opinion: ...
State ex rel Kertz - 12/10/2002
Opinion Vote: WRIT MADE ABSOLUTE. White, Wolff, Benton, Stith and Price, JJ., and Kramer, Sp.J., concur. Teitelman, J., not participating.
Opinion:
This is yet another St. Louis City venue dispute. The underlying case is a...
McDermott v. City of Northwoods Police Department - 12/10/2002
Opinion Vote: AFFIRMED.
Mooney, C.J., and Crane, J., concur.
Opinion:
Introduction
The City of Northwoods Police Department (Employer) appeals from a Final Award Allowing Compensation (Final Award) of the Labor...
In re Carey - 11/26/2002
Opinion Vote: DISCIPLINE ORDERED.
Limbaugh, C. J., Wolff, Benton and Stith, JJ., and Garrett, Sp. J., concur; Teitelman, J., dissents in separate opinion filed. White, J., not participating.
Opinion:
It is a fair...
Cameron Mutual Insurance Company v. Woods - 11/19/2002
This appeal arises from a declaratory judgment determination that a farm liability insurance policy issued by Cameron Mutual Insurance Co. did not provide coverage for dog-bite injuries sustained by Jennifer Woods. The trial court...
State ex rel Svejda v. Roldan - 11/12/2002
Opinion Vote: WRIT MADE ABSOLUTE AS MODIFIED.
Breckenridge and Smart, Jr., JJ., concur.
Opinion:
I. Background
This original proceeding in mandamus springs from a dispute over the release of raw...
Gramex Corp. v. Green Supply Inc. - 11/12/2002
Opinion Vote: AFFIRMED.
All concur.
Opinion:
I.
Green Supply, Inc., a wholesaler of hunting supplies, appeals a contribution judgment in the amount of $625,000 rendered against it in favor of Gramex Corporation....
Collins v. Hertenstein - 10/31/2002
Opinion Vote: AFFIRMED IN PART, REVERSED AND REMANDED IN PART. Lowenstein and Ulrich, J.J., concur.
Opinion:
In this wrongful death action, Valerie Collins sued three Kansas City police officers who shot and killed her...
Litton v. Kornbrust - 9/24/2002
Opinion Vote: AFFIRMED.
Newton and Hardwick, JJ., concur
Opinion:
On September 2, 1995, Appellant Thomas Litton was involved in a motor vehicle accident with Respondent Joseph Kornbrust near the driveway to Mr....
James v. Poppa - 9/24/2002
Opinion Vote: REVERSED AND REMANDED.
All concur.
Opinion:
Rhonda James sued Michael Poppa for medical malpractice alleging that his negligent diagnosis and treatment of injuries she suffered in the course and scope of...
In re Owens - 9/20/2002
Opinion of September 5, 2002 is withdrawn. New opinion follows.
John Dougherty, D.O. ("Dr. Dougherty") appeals from a judgment entered on a jury verdict in favor of Herbert L. Owens ("Mr. Owens") individually, and as parent and...
Goerlich v. TPF - 9/17/2002
Opinion Vote: AFFIRMED. Crandall, P.J., and Sullivan, J., concur.
TPF, Inc. & Tony Price Carpet Co. appeal the Labor and Industrial Relations Commission's final award, which reversed the ALJ's decision and awarded...
Northern v. Physicians Defense Association - 9/16/2002
This consolidated appeal follows the grant of summary judgment against Physicians Defense Association ("PDA") and Continental Casualty Company ("Continental") finding both provided professional liability coverage for Dr. Allen...
Bell v. Sabates - 9/10/2002
Opinion Vote: AFFIRMED.
Hardwick, J., concurs. Holliger, J., concurs in separate opinion.
Opinion:
On September 2, 1998, Appellants/Cross-Respondents Beth and Robert Bell filed a Petition for Damages against...
Thomas v. City of Kansas City - 9/10/2002
Opinion Vote: REVERSED AND REMANDED.
Lowenstein and Newton, JJ., concur.
Opinion:
Larry and Judy Thomas appeal from the trial court's dismissal of their claim against the respondents, the City of Kansas City,...
[W] Owens v. Dougherty - 9/5/2002
OPINION WITHDRAWN and new opinion filed September 20, 2002.
HERBERT L. OWENS, INDIVIDUALLY, AND HERBERT L. OWENS, AS PARENT AND NEXT FRIEND OF MAKAYLA D. OWENS, A MINOR CHILD, PLAINTIFFS-RESPONDENTS, v. JOHN DOUGHERTY, D.O.,...
Champ v. Doe Run Company - 9/3/2002
Opinion Vote: REVERSED AND REMANDED.
Mooney, C.J., and Crahan, J., concur.
Opinion:
The claimant was employed by the Doe Run Company as a laborer from 1969 to 1992. His work brought him into frequent contact with...
Blanks v. Farmers Insurance Company - 9/3/2002
Opinion Vote: AFFIRMED.
Crandall, Jr., P.J., and Norton, J., concur.
Opinion:
Introduction
Farmers Insurance Company, Inc. (Farmers) appeals from a trial court Judgment and Order (Judgment) awarding Joyce A....
Collins v. Hertenstein - 9/3/2002
Opinion Vote: AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
Lowenstein and Ulrich, JJ., concur.
Opinion:
In this wrongful death action, Valerie Collins sued three Kansas City police officers who shot and killed her...
Logan v. Sho-Me Power Electric Cooperative - 8/28/2002
Opinion Vote: DISMISSED.
Parrish and Rahmeyer, J.J., concur.
Opinion:
John and Christina Logan ("Plaintiffs") sued several defendants for the wrongful death of their son who died as a result of an on-the-job accident....
Bachtel v. Miller County Nursing Home District - 8/27/2002
Opinion Vote: AFFIRMED.
Howard, P.J., and Newton, J., concur.
Opinion:
R. Mitchel Bachtel and Cary M. Bisbey appeal the dismissal with prejudice, under Rule 55.27(a)(6), of their petitions for damages for wrongful...
Echard v. Barnes-Jewish Hospital - 8/20/2002
Opinion Vote: AFFIRMED.
Simon and Ahrens, JJ., concur.
Opinion:
Appellant, Barnes-Jewish Hospital ("BJH"), appeals the judgment, after a jury trial, of the Circuit Court of the City of St. Louis in favor of...
Austin v. Pickett - 8/20/2002
Opinion Vote: REVERSED, AND THE CASE IS REMANDED TO THE TRIAL COURT WITH DIRECTIONS.
Spinden, J. and Smith, J. concur.
Opinion:
Donald C. Austin, M.D. appeals the judgment of the trial court following a bench trial in...
Nusbaum v. City of Kansas City - 8/20/2002
Opinion Vote: REVERSED AND REMANDED.
Spinden, C.J., and Smith, J., concur.
Opinion:
This suit emanates from a claim of personal injury resulting from a fall of a patron attending a performance at Starlight Theatre in...
Lampert v. State Farm Fire and Casualty Co. - 7/30/2002
State Farm Fire and Casualty Company ("State Farm") appeals from the judgment of the Circuit Court of the City of St. Louis granting a motion for summary judgment in favor of respondent, Jack Lampert ("insured"). The trial court held...
Betts-Lucas v. Hartmann - 7/30/2002
This appeal involves a complicated factual and procedural tale, beginning with the death of a mental patient, leading to criminal charges, a wrongful death action, and multiple declaratory judgment actions involving the obligation of...
Mast v. Surgical Services of Sedalia - 7/30/2002
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...
Smith v. Kansas City Southern Railway Company - 6/28/2002
Opinion Vote: REVERSED AND REMANDED FOR NEW TRIAL.
Lowenstein, P.J., and Newton, J., concur.
Opinion:
Appellant Rickey C. Smith (hereinafter "Smith") appeals from a judgment after jury verdict in favor of respondent...
In re Liquidation of Professional Medical Insurance Company - 6/28/2002
Opinion Vote: AFFIRMED.
Breckenridge, P.J., and Smart, J., concur.
Opinion:
This appeal arises from the 1994 liquidation proceedings against an insolvent insurance carrier, Professional Medical Insurance Company...
State ex rel SSM Health Care St. Louis v. Neill - 6/25/2002
Opinion Vote: WRIT MADE ABSOLUTE AS MODIFIED.
Limbaugh, C.J., Wolff, Benton, Stith and Price, JJ., concur. White and Teitelman, JJ., not participating.
Opinion:
This case, like State ex rel. SSM Health Care v. The...
Abbott v. Haga - 6/25/2002
Opinion Vote: AFFIRMED IN PART, REVERSED IN PART AND REMANDED WITH DIRECTIONS.
Parrish, J., and Rahmeyer, J., concur.
Opinion:
William Abbott ("Appellant") appeals from a judgment in which he was awarded the balance...
Ewing v. Singleton - 6/25/2002
Opinion Vote: AFFIRMED.
Hardwick, P.J., and Ellis, J., concur.
Opinion:
Judith Ewing appeals the circuit court's denial of her motion for a new trial. Ewing argues that a juror's nondisclosure regarding his son's...
Ryder Trs - 6/19/2002
Opinion Vote: AFFIRMED.
Garrison, P.J., and Rahmeyer, J., concur.
Opinion:
Mariah Randazzo, a minor, and Nicole Randazzo, a minor, by their next friend, Gina Pearl, Jean Randazzo and James L. Baker appeal a...
Norman v. Wright - 6/18/2002
A jury returned a verdict of $308,855.35 in favor of Jerry Norman and Kimberly Norman (Plaintiffs) on their wrongful death claim against Andy J. Wright, M.D. (Defendant) arising from the death of their infant son. The trial court...
Lowdermilk v. Vescovo Building and Realty Company - 6/18/2002
Opinion Vote: AFFIRMED.
Crandall, Jr., P.J. and Dowd, Jr., J. concur.
Opinion:
Plaintiff homeowners were awarded $140,000 in actual damages and $260,000 in punitive damages against defendant homebuilders and realtors...
Kirby v. Gaub - 6/12/2002
Opinion Vote: AFFIRMED.
Montgomery, J., and Barney, C.J. - Concur.
Opinion:
Lana and Russell Kirby ("Plaintiffs") appeal the trial court's judgment dismissing their personal injury lawsuit. Plaintiffs contend the...
Butts v. Express Personnel Services - 3/28/2002
In this personal injury suit arising out of an "on-the-job" accident, a jury found for Timothy J. Butts ("Plaintiff") and against Teresa Connor ("Connor"), an employee of Express Personnel Services ("Express"). On appeal,...
In re Marriage of Murphy - 3/25/2002
Appeal From: Circuit Court of Phelps County, Hon. John D. Wiggins
Opinion Vote: AFFIRMED.
Montgomery, J., and Barney, C.J., concur.
Opinion:
This is a dissolution of marriage case in which Husband appeals from...
Wright v. State - 3/19/2002
Kindel A. Wright appeals the order of the trial court dismissing his Rule 24.035 motion as untimely.
On May 29, 1998, Wright was charged in the indictment with second-degree drug trafficking, section 195.223. On October 8,...
Gunnett v. Girardier Building and Realty Co. - 3/19/2002
Through the vehicle of this appeal, we have been asked to offer definitive guidance on a question that has long vexed Missouri judges and legal commentators: does the immunity afforded by the workers' compensation law shield a...
Enos v. Ryder Automotive Operations - 3/19/2002
Appeal From: Circuit Court of City of St. Louis, Hon. Margaret M. Meill
Hoff and Sullivan, JJ., concur
Richard and Loraine Enos (hereinafter, "Appellant" ) filed suit against Ryder Automotive Operation, Inc. d/b/a Delavan...
Laffey v. Laffey - 3/19/2002
Mayetta Laffey appeals the judgment of the trial court modifying her award of maintenance from $500 per week to $500 per month. She raises several points on appeal. First, Ms. Laffey claims that Patrick Laffey failed to make the...
Langley v. Curators of the University of Missouri - 3/19/2002
Appellant Gertrude E. Langley appeals from a summary judgment entered by the Circuit Court of Boone County in favor of Respondent, the Curators of the University of Missouri ("the Curators").
On August 29, 2000, Appellant filed...
James v. Poppa - 3/12/2002
Appeal From: Circuit Court of Jackson County, Hon. Lee E. Wells
Opinion Vote: REVERSED AND REMANDED.
Newton, P.J. and Smart, J., concur
Opinion:
The plaintiff in this case sustained injuries arising out of and...
Gingerich v. Kline - 3/12/2002
Appeal From: Circuit Court of Buchanan County, Hon. Weldon C. Judah
Opinion Vote: REVERSED AND REMANDED.
Howard, P.J. and Newton, J, concur.
Opinion:
Deniece and Andy Gingerich brought a wrongful death action...
Lewis v. Eisin - 3/5/2002
Appeal From: Circuit Court of City of St. Louis, Hon. Michael Calvin, Judge
Opinion Vote: REVERSED and REMANDED.
Paul J. Simon, J. concurs. Clifford H. Ahrens, J., dissents in a separate opinion.
Opinion:
In...
Spears v. Capital Region Medical Center - 2/26/2002
Appeal From: Circuit Court of Callaway County, Hon. Clifford E. Hamilton, Jr.
Opinion Vote: AFFIRMED.
Smart, P.J., and Ellis, J., concur.
Opinion:
This appeal involves a claim for medical malpractice based on...
SSM Cardinal Glennon Children's Hospital v. State - 2/26/2002
Appeal From: Circuit Court of Cole County, Hon. Thomas J. Brown, III
Opinion Vote: REVERSED.
All concur.
Opinion:
A number of privately maintained hospitals (the "hospitals"), challenge the constitutionality of...
Smulls v. State - 2/26/2002
Appeal From: Circuit Court of St. Louis County, Hon. Emmett O'Brien and Hon. James Hartenbach
Opinion Vote: AFFIRMED.
Holstein, Benton and Price, JJ., concur; Wolff, J., concurs in separate opinion filed; Stith, J., concurs...
Thatcher v. Trans World Airlines - 2/26/2002
Appeal From: Labor and Industrial Relations Commission
Citation:
Opinion Vote: REVERSED AND REMANDED IN PART, AFFIRMED IN PART.
Newton, P.J., and Ellis, J., concur.
Opinion:
TWA appeals the decision of the...
Buatte v. Schnuck Markets - 2/19/2002
Appeal From: Circuit Court of the City of St. Louis, Hon. Patricia L. Cohen
Opinion Vote: REVERSED AND REMANDED.
R. Dowd, Jr., J., concurs. Ahrens, J., dissents in separate dissenting opinion.
Opinion:
Diane...
Yahne v. Pettis County Sheriff Department - 2/19/2002
Appeal From: Circuit Court of Pettis County, Hon. Theodore B. Scott, Judge
Opinion Vote: AFFIRMED.
Smith, P.J. and Howard, J., concur.
Opinion:
Glenn Wayne Yahne sued the Pettis County Sheriff seeking the return...
Criswell v. Short - 2/15/2002
Appeal From: Circuit Court of Greene County, Hon. Henry W. Westbrooke
Opinion Vote: REVERSED AND REMANDED WITH DIRECTIONS.
Shrum, P.J., and Montgomery, J., concur.
Opinion:
Plaintiffs Charles and Joyce Criswell...
Brooks v. SSM Health Care - 2/6/2002
Appeal From: Circuit Court of Iron County, Hon. J. Max Price
Opinion Vote: REVERSED AND REMANDED.
Prewitt and Parrish, JJ., concur.
Opinion:
Sally Brooks ("Appellant") was awarded $315,000 for medical negligence...
Mello v. Giliberto - 2/5/2002
Appeal From: Circuit Court of the City of St. Louis, Hon. Margaret M. Neill
Opinion Vote: AFFIRMED.
Crandall, Jr., P.J., and R. Dowd, Jr., J., concur.
Opinion:
This is an appeal from the dismissal of a medical...
Heffernan v. Reinhold - 2/5/2002
Appeal From: Circuit Court of Jefferson County, Hon. Gary P. Kramer
Opinion Vote: AFFIRMED.
Crandall, P.J., concurs in part and dissents in part in separate opinion.
Crane, J., concurs.
Opinion:
Plaintiffs...
Johnson v. Jones - 2/5/2002
Appeal From: Circuit Court of Pettis County, Hon. Donald L. Barnes
Opinion Vote: AFFIRMED.
Ellis, J., and Martin, S.J., concur.
Opinion:
Roger and Patricia Johnson appeal the dismissal of their wrongful death...
Pratt v. MFA - 2/1/2002
Appeal From: Labor Relations Commission
Opinion Vote: AFFIRMED.
Parrish and Rahmeyer, JJ., concur.
Opinion:
AFFIRMED
MFA, Inc. ("MFA") appeals from a decision of the Labor and Industrial Relations...
State ex rel Phillips v. LePage - 1/31/2002
Appeal From: ORIGINAL PROCEEDING IN PROHIBITION
Opinion Vote: PRELIMINARY ORDER QUASHED; PETITION DENIED.
Garrison, P.J., and Rahmeyer, J., concur.
Opinion:
This is an original proceeding in prohibition. Randall...
Scott v. SSM Healthcare St. Louis - 1/29/2002
Appeal From: Circuit Court of the City of St. Louis, Hon. Booker T. Shaw
Opinion Vote: AFFIRMED.
Simon, J., concurs; Ahrens, J., concurs in result only.
Opinion:
Defendant SSM Healthcare St. Louis, d/b/a St....
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