{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"kenneth-d-gilmore","displayName":"KENNETH D. GILMORE","totalCases":1},"cases":[{"caseId":"moappsd:sd37344:2022-11-14","opinionId":"9fe60d51-2c30-5b24-9e8e-be487aeed820","slug":"kenneth-d-gilmore-respondent-v-missouri-department-of-social-services-chi-d37344","caseName":"KENNETH D. GILMORE, Respondent\nv.\nMISSOURI DEPARTMENT OF SOCIAL SERVICES, CHILDREN'S DIVISION, Appellant","caseNumber":"SD37344","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2022-11-14","year":2022,"display_summary":"Kenneth D. Gilmore sued the Missouri Department of Social Services, Children's Division, for negligence after he was injured when a rocking chair broke during a supervised visit. A jury found in Gilmore's favor, and the trial court reduced the damages award by comparative fault and then applied a statutory cap. The Children's Division appealed, challenging the application of the dangerous condition exception to sovereign immunity, the spoliation inference, the admission of a statement, and the method of applying the statutory cap. The appellate court affirmed the trial court's judgment, finding no merit in any of the Children's Division's points.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","negligence","premises-liability","evidence","civil-procedure"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=190414","detailUrl":"https://ott.law/missouri-courts/opinions/kenneth-d-gilmore-respondent-v-missouri-department-of-social-services-chi-d37344","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","evidence":["tag: personal-injury","topic: negligence"],"url":"https://ott.law/practice-areas/personal-injury"},{"slug":"slip-and-fall","label":"Slip and Fall","href":"/practice-areas/slip-and-fall","score":12,"source":"topic","evidence":["topic: premises-liability"],"url":"https://ott.law/practice-areas/slip-and-fall"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: civil-procedure","topic: evidence"],"url":"https://ott.law/practice-areas/litigation"}],"role":"respondent"}]}