{"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 Missouri slip opinions may be modified or withdrawn; consult the official source.","topic":{"slug":"wrongful-death","label":"Wrongful Death","description":null,"totalCases":71,"relatedPracticeAreas":[{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":16,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":1,"source":"text","url":"https://ott.law/practice-areas/personal-injury"}]},"trend":[{"year":2018,"count":9},{"year":2019,"count":9},{"year":2020,"count":5},{"year":2021,"count":10},{"year":2022,"count":7},{"year":2023,"count":10},{"year":2024,"count":13},{"year":2025,"count":7},{"year":2026,"count":1}],"cases":[{"caseId":"moappsd:sd38943:2026-01-12","opinionId":"86c3bbfe-b6a8-5c30-96cb-abc609e0ae93","slug":"kac-by-and-through-ashley-acosta-next-friend-and-michael-crites-jr-appell-d38943","caseName":"K.A.C. by and through, ASHLEY ACOSTA, NEXT FRIEND, and MICHAEL CRITES, JR., Appellants\nv.\nMISSOURI STATE HIGHWAY PATROL, ET AL., Respondents","caseNumber":"SD38943","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2026-01-12","year":2026,"display_summary":"Appellants K.A.C. and Michael Crites, Jr. sued the Missouri State Highway Patrol for wrongful death after a pursued driver collided with and killed Connor Crites. The trial court granted summary judgment for MSHP, finding Appellants failed to establish proximate cause. The appellate court affirmed, holding that Appellants did not produce sufficient facts to prove MSHP's actions were the proximate cause of the collision, consistent with Supreme Court precedent that proximate cause cannot be based on speculation in police pursuit cases.","primaryTopic":"negligence","topicSlugs":["negligence","summary-judgment","wrongful-death","governmental-immunity","auto-accident"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=229813","detailUrl":"https://ott.law/missouri-courts/opinions/kac-by-and-through-ashley-acosta-next-friend-and-michael-crites-jr-appell-d38943","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"car-accidents","label":"Car Accidents","href":"/practice-areas/car-accidents","score":12,"source":"topic","url":"https://ott.law/practice-areas/car-accidents"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappd:ed113033:2025-07-29","opinionId":"b9b94239-593a-591a-8a5a-901d97d7d731","slug":"jn-a-minor-by-and-through-his-next-friend-colleen-nentwig-and-colleen-nen-113033","caseName":"J.N., a Minor, by and through his Next Friend, Colleen Nentwig and Colleen Nentwig, Individually, Appellants, and Ryne Dobson, Plaintiff, v. Dr. Dale Anderson, Respondent.","caseNumber":"ED113033","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2025-07-29","year":2025,"display_summary":"J.N. and Colleen Nentwig sued Dr. Dale Anderson for wrongful death, alleging medical negligence after Ryne Dobson killed his stepfather, Kevin Nentwig. Appellants claimed Dr. Anderson failed to warn of Dobson's danger or negligently prescribed medication. On appeal, Appellants argued the trial court erred by not instructing the jury on a novel theory of duty for psychiatrists to third parties regarding medication-induced harm. The appellate court affirmed the judgment for Dr. Anderson, declining to recognize this new duty because Dobson's violent conduct was not reasonably foreseeable.","primaryTopic":"negligence","topicSlugs":["negligence","appellate-procedure","civil-procedure","wrongful-death","standard-of-review"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=222617","detailUrl":"https://ott.law/missouri-courts/opinions/jn-a-minor-by-and-through-his-next-friend-colleen-nentwig-and-colleen-nen-113033","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd87371:2025-04-01","opinionId":"93c368b1-17b3-5ec0-9f44-6751d65b2f02","slug":"carrie-l-gruhn-and-izeck-k-mccown-by-next-friend-carrie-l-gruhn-v-joseph-d87371","caseName":"Carrie L. Gruhn and Izeck K. McCown, By Next Friend Carrie L. Gruhn\nvs.\nJoseph G. Schwermer, and Joshua R. Elam","caseNumber":"WD87371","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2025-04-01","year":2025,"display_summary":"Carrie L. Gruhn and Izeck K. McCown, mother and child of a decedent, brought wrongful-death claims against Joshua Elam, a passenger in an ATV accident that killed the decedent. The circuit court dismissed the claim against Elam for failure to state a claim, finding no duty was pleaded. The appellate court affirmed, holding that the plaintiffs' amended petition failed to allege facts establishing Elam voluntarily undertook a duty to protect the decedent under Restatement (Second) of Torts § 323. The court also found the appeal was timely despite an initial interlocutory judgment.","primaryTopic":"negligence","topicSlugs":["negligence","wrongful-death","civil-procedure","appellate-procedure"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=218954","detailUrl":"https://ott.law/missouri-courts/opinions/carrie-l-gruhn-and-izeck-k-mccown-by-next-friend-carrie-l-gruhn-v-joseph-d87371","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd86617:2025-03-25","opinionId":"30bee7e8-879d-5ebf-af3d-47ff4b0ce1b2","slug":"shirley-a-ralls-personal-representative-for-the-estate-of-james-r-ralls-v-d86617","caseName":"Shirley A. Ralls, Personal Representative for the Estate of James R. Ralls\nvs.\nSoo Line Railroad","caseNumber":"WD86617","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2025-03-25","year":2025,"display_summary":"Shirley Ralls, as personal representative for her deceased husband's estate, sued Soo Line Railroad Company for wrongful death under FELA, alleging her husband's lung cancer was caused by exposure to carcinogens during his employment. The jury found in favor of Soo Line. On appeal, Ralls argued the trial court erred by allowing her husband's treating physician to offer causation opinions as an undisclosed expert and by permitting opinions that differed from his discovery deposition. The appellate court reversed and remanded for a new trial, finding Ralls was unfairly surprised and prejudiced by the treating physician's expert testimony on causation, which was based on new research not disclosed during discovery.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","civil-procedure","evidence","workers-compensation"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=218658","detailUrl":"https://ott.law/missouri-courts/opinions/shirley-a-ralls-personal-representative-for-the-estate-of-james-r-ralls-v-d86617","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"workers-compensation","label":"Workers' Compensation","href":"/practice-areas/workers-compensation","score":12,"source":"topic","url":"https://ott.law/practice-areas/workers-compensation"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappd:ed112455:2025-03-04","opinionId":"076b9004-c1c5-5628-a02b-af954922a61d","slug":"rochelle-ameer-appellant-v-lyft-inc-respondent-and-christopher-d-morgan-a-112455","caseName":"Rochelle Ameer, Appellant, vs. Lyft, Inc., Respondent, and Christopher D. Morgan, and Ajane Barnes, Defendants.","caseNumber":"ED112455","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2025-03-04","year":2025,"display_summary":"Rochelle Ameer appealed the dismissal of her product liability and negligence claims against Lyft, Inc., after her son, a Lyft driver, was killed during a carjacking initiated through the Lyft App. The trial court had dismissed the claims for failure to state a cause of action, finding the App was not a product and no duty existed. The appellate court reversed, holding that a mobile ridesharing application can be considered a product for product liability purposes and that the petition adequately alleged Lyft's duty to protect against third-party criminal acts, remanding for further proceedings.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","negligence","wrongful-death","other","personal-injury"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=218057","detailUrl":"https://ott.law/missouri-courts/opinions/rochelle-ameer-appellant-v-lyft-inc-respondent-and-christopher-d-morgan-a-112455","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed112826:2025-02-18","opinionId":"cf1b6a3e-fef0-5b9e-ac40-a45c93419c83","slug":"joanne-knight-appellant-v-huilin-li-md-sam-bishara-md-and-st-louis-cardio-112826","caseName":"Joanne Knight, Appellant, v. Huilin Li, M.D., Sam Bishara, M.D., and St. Louis Cardiology Consultants, Ltd., Respondents.","caseNumber":"ED112826","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2025-02-18","year":2025,"display_summary":"Appellant Joanne Knight filed a wrongful death claim against Dr. Huilin Li, Dr. Sam Bishara, and St. Louis Cardiology Consultants, Ltd. (SLCC) following her husband's death from cardiac arrest. The trial court granted summary judgment for all respondents, striking Knight's expert witness against Dr. Li and finding no physician-patient relationship with Dr. Bishara and SLCC. The appellate court reversed and remanded, holding that the trial court abused its discretion in striking the expert and that material questions of fact remained regarding the physician-patient relationship.","primaryTopic":"personal-injury","topicSlugs":["personal-injury","evidence","summary-judgment","wrongful-death","negligence"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=217577","detailUrl":"https://ott.law/missouri-courts/opinions/joanne-knight-appellant-v-huilin-li-md-sam-bishara-md-and-st-louis-cardio-112826","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"mo:sc100582:2025-02-11","opinionId":"8c1f17b0-fa8a-594c-b30a-3c41ba14dd20","slug":"carrie-s-schultz-and-robert-c-schultz-sr-surviving-parents-of-robert-c-sc-100582","caseName":"Carrie S. Schultz and Robert C. Schultz, Sr., surviving parents of Robert C. Schultz, Jr., deceased, Respondents, vs. Great Plains Trucking, Inc. and Lennis H. Beck, Appellants.","caseNumber":"SC100582","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2025-02-11","year":2025,"display_summary":"Carrie S. Schultz and Robert C. Schultz, Sr., parents of Robert C. Schultz, Jr., brought a wrongful death action against Great Plains Trucking, Inc. and Lennis H. Beck after their son died in a collision with Beck's truck. A jury awarded the plaintiffs compensatory and aggravating circumstances damages. On appeal, defendants challenged the exclusion of expert testimony, the participation of separate counsel, the submission of a jury instruction on careful lookout, and the sufficiency of evidence for aggravating circumstances damages. The Missouri Supreme Court affirmed the circuit court's judgment, finding that defendants either failed to preserve their claims of error or that their preserved claims lacked merit.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","appellate-procedure","civil-procedure","jury-instructions","evidence"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=217454","detailUrl":"https://ott.law/missouri-courts/opinions/carrie-s-schultz-and-robert-c-schultz-sr-surviving-parents-of-robert-c-sc-100582","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"mo:sc100578:2024-12-23","opinionId":"4020c8ab-af74-572a-a5b4-9034d0ea2e84","slug":"jeromy-mccrackin-respondent-v-tynan-mullen-respondent-and-safeco-insuranc-100578","caseName":"Jeromy McCrackin, Respondent, vs. Tynan Mullen, Respondent, and Safeco Insurance Company of America, Appellant.","caseNumber":"SC100578","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2024-12-23","year":2024,"display_summary":"Jeromy McCrackin sued Tynan Mullen for wrongful death. Safeco Insurance Company, Mullen's alleged insurer, moved to intervene in the wrongful death action to seek a stay, pending resolution of a federal declaratory judgment action on coverage. The circuit court denied Safeco's motion. The Missouri Supreme Court vacated the judgment and remanded, holding that an insurer has a right to intervene under Rule 52.12(a)(2) for the limited purpose of seeking a stay in the underlying tort action while coverage questions are litigated.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","insurance","appellate-procedure","wrongful-death"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=215913","detailUrl":"https://ott.law/missouri-courts/opinions/jeromy-mccrackin-respondent-v-tynan-mullen-respondent-and-safeco-insuranc-100578","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":18,"source":"topic","url":"https://ott.law/practice-areas/insurance-bad-faith"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":16,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappwd:wd86861:2024-10-29","opinionId":"945c1513-0af0-5f55-bd2a-42fab4d25cf4","slug":"jill-mabie-individually-and-as-a-representative-of-the-wrongful-death-cla-d86861","caseName":"Jill Mabie, Individually, and As A Representative of the Wrongful Death Class of Decedent, Charles Mabie\nvs.\nSomona Mason a/k/a Somona Anderson","caseNumber":"WD86861","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2024-10-29","year":2024,"display_summary":"Jill Mabie filed a wrongful death action against Somona Mason after Mason caused the death of Mabie's husband in a motor vehicle accident. After a jury awarded Mabie $40,000,000 in damages, the trial court also awarded prejudgment interest. Mason appealed, arguing that Mabie's settlement offer did not comply with section 408.040, RSMo, because she failed to send a certified copy to Mason's insurer and failed to attach a list of employers. The appellate court affirmed the trial court's judgment, finding that Mabie's offer complied with the statute.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","wrongful-death","insurance"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=213996","detailUrl":"https://ott.law/missouri-courts/opinions/jill-mabie-individually-and-as-a-representative-of-the-wrongful-death-cla-d86861","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":16,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":12,"source":"topic","url":"https://ott.law/practice-areas/insurance-bad-faith"}]},{"caseId":"moappd:ed112005:2024-08-20","opinionId":"a31134be-922e-553e-b487-da9debf5934e","slug":"patricia-nowell-silman-appellant-v-missouri-department-of-public-safety-v-112005","caseName":"Patricia Nowell-Silman, Appellant, vs. Missouri Department of Public Safety Veterans' Commission d/b/a Missouri Veterans' Home, Respondent.","caseNumber":"ED112005","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2024-08-20","year":2024,"display_summary":"Patricia Nowell-Silman appealed the dismissal of her premises liability and wrongful death petition against the Missouri Veterans' Home (MVC) after her father, a resident, left the facility, fell, and died. She alleged a dangerous condition on MVC's property due to the lack of coded locks and resident monitors, which she claimed waived sovereign immunity. The appellate court affirmed the dismissal, holding that the absence of such devices did not constitute a physical defect in the property necessary to establish a dangerous condition under the sovereign immunity waiver statute.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","premises-liability","civil-procedure","wrongful-death"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=210476","detailUrl":"https://ott.law/missouri-courts/opinions/patricia-nowell-silman-appellant-v-missouri-department-of-public-safety-v-112005","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"slip-and-fall","label":"Slip and Fall","href":"/practice-areas/slip-and-fall","score":18,"source":"topic","url":"https://ott.law/practice-areas/slip-and-fall"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappsd:sd38100:2024-07-17","opinionId":"4fe8cb62-3cc8-5be6-a631-9bbff4562719","slug":"david-raymond-cady-et-al-appellants-v-city-of-malden-missouri-a-municipal-d38100","caseName":"DAVID RAYMOND CADY, ET AL, Appellants\nv.\nCITY OF MALDEN, MISSOURI, A MUNICIPAL CORPORATION, ET AL, Respondents","caseNumber":"SD38100","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2024-07-17","year":2024,"display_summary":"David Raymond Cady's next friends sued the City of Malden, a dispatcher, and an officer for wrongful death and negligent supervision after Cady committed suicide in jail. The trial court granted the defendants' motion to dismiss based on official immunity. The appellate court affirmed, holding that the duties of monitoring a prisoner and walking a prisoner to a cell were discretionary, not ministerial, and therefore the official immunity doctrine applied.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","wrongful-death","negligence","civil-procedure"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=209833","detailUrl":"https://ott.law/missouri-courts/opinions/david-raymond-cady-et-al-appellants-v-city-of-malden-missouri-a-municipal-d38100","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed111709:2024-06-11","opinionId":"3f35aa53-2e55-5d13-9425-4c9a6faef196","slug":"debbie-pyzyk-plaintiffrespondent-v-gateway-psychiatric-group-llc-gordon-r-111709","caseName":"Debbie Pyzyk, Plaintiff/Respondent, v. Gateway Psychiatric Group, LLC & Gordon Robinson, M.D., Defendants/Appellants.","caseNumber":"ED111709","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2024-06-11","year":2024,"display_summary":"Debbie Pyzyk sued Gateway Psychiatric Group and Dr. Gordon Robinson for wrongful death following her daughter K.P.'s death, alleging medical malpractice. The jury found in favor of Pyzyk, awarding compensatory damages. On appeal, Appellants challenged a verdict directing instruction, the admission of expert testimony, the admission of K.P.'s death certificate, and the submission of aggravating circumstances damages. The Eastern District of Missouri affirmed the trial court's judgment, denying all points on appeal.","primaryTopic":"negligence","topicSlugs":["negligence","wrongful-death","evidence","jury-instructions","appellate-procedure"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=208895","detailUrl":"https://ott.law/missouri-courts/opinions/debbie-pyzyk-plaintiffrespondent-v-gateway-psychiatric-group-llc-gordon-r-111709","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"mo:parent-208735","opinionId":"fd27e20c-fa0f-5a67-9267-b027de4b8e72","slug":"state-ex-rel-michael-j-love-relator-v-the-honorable-heather-r-cunningham-100197","caseName":"State ex rel. Michael J. Love, Relator, vs. The Honorable Heather R. Cunningham, Respondent.\n\nState ex rel. Gary Ludwick, Relator, vs. The Honorable Heather R. Cunningham, Judge, Circuit Court, St. Louis County, Respondent.\n\nState ex rel. Kristina Jordan, Relator, vs. The Honorable Heather Cunningham, Judge, Circuit Court, St. Louis County, Respondent.\n\nState ex rel. James Henson, Relator, vs. the Honorable Heather R. Cunningham, St. Louis County, Division 3, Respondent.","caseNumber":"SC100197","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2024-06-04","year":2024,"display_summary":"Austin Jarvis and Tonya Musskopf brought a wrongful death action against MHTC employees Michael Love, Gary Ludwick, Kristina Jordan, and James Henson, alleging they violated mandatory safety policies leading to the deaths of Kaitlyn Anderson and Jaxx Jarvis. The employees sought writs of prohibition after the circuit court partially denied their motions for judgment on the pleadings based on official immunity. The Supreme Court of Missouri made its preliminary writs permanent, holding that official immunity barred the claims because the employees' duties were discretionary, not ministerial, and the plaintiffs' allegations of malice were conclusory without factual support of intent to injure.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","civil-procedure","wrongful-death","negligence"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=208735","detailUrl":"https://ott.law/missouri-courts/opinions/state-ex-rel-michael-j-love-relator-v-the-honorable-heather-r-cunningham-100197","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd86481:2024-04-23","opinionId":"240fde23-4ca8-51b3-83b1-67e2a8c277b2","slug":"willa-hynes-v-missouri-department-of-corrections-d86481","caseName":"Willa Hynes\nvs.\nMissouri Department of Corrections","caseNumber":"WD86481","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2024-04-23","year":2024,"display_summary":"Willa Hynes's son died in the custody of the Missouri Department of Corrections (DOC), and she requested records under the Missouri Sunshine Law. The trial court granted summary judgment to Hynes, finding the DOC violated the Sunshine Law, and after a bench trial, found the violation was knowing and purposeful, ordering the DOC to produce records, pay a $5,000 penalty, and attorney's fees. The appellate court affirmed the trial court's finding that the DOC violated the Sunshine Law and that the violation was purposeful, but reversed the portion of the judgment allowing the DOC to seek a protective order before producing the records.","primaryTopic":"administrative-law","topicSlugs":["administrative-law","civil-procedure","summary-judgment","appellate-procedure","wrongful-death"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=207418","detailUrl":"https://ott.law/missouri-courts/opinions/willa-hynes-v-missouri-department-of-corrections-d86481","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed111905:2024-04-16","opinionId":"47eb59f4-8b91-5e13-a888-4aa6790f5f5a","slug":"candace-love-as-personal-representative-of-the-estate-of-casey-redmond-pl-111905","caseName":"Candace Love, as Personal Representative of the Estate of Casey Redmond, Plaintiff/Respondent, v. Osage Marine Services, Inc., Defendant/Appellant.","caseNumber":"ED111905","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2024-04-16","year":2024,"display_summary":"Candace Love, as personal representative of her deceased son Casey Redmond's estate, sued Osage Marine Services, Inc. under the Jones Act for Redmond's death while working on a tugboat. Osage Marine admitted liability, and a jury awarded Love $15 million in damages. On appeal, Osage Marine challenged the submissibility of damages for conscious pain and suffering and loss of support, the denial of remittitur, the admission of certain evidence, a jury instruction, and the entry of judgment despite a federal injunction. The appellate court affirmed the trial court's judgment, finding sufficient evidence for the damages claims and denying the remaining points on procedural grounds.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","civil-procedure","personal-injury","appellate-procedure","jury-instructions"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=208213","detailUrl":"https://ott.law/missouri-courts/opinions/candace-love-as-personal-representative-of-the-estate-of-casey-redmond-pl-111905","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed111241:2024-03-26","opinionId":"e7b9fd2b-5ee1-5514-8a68-bdf58e699beb","slug":"carrie-s-schultz-and-robert-c-schultz-sr-surviving-parents-of-robert-c-sc-111241","caseName":"Carrie S. Schultz and Robert C. Schultz, Sr., surviving parents of Robert C. Schultz, Jr., deceased, Respondents, vs. Great Plains Trucking, Inc. and Lennis H. Beck, Appellants.","caseNumber":"ED111241","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2024-03-26","year":2024,"display_summary":"Carrie S. Schultz and Robert C. Schultz, Sr., parents of the deceased Robert C. Schultz, Jr., brought a wrongful death action against Great Plains Trucking, Inc. and its driver, Lennis H. Beck, following a fatal vehicular crash. After a jury trial awarded the plaintiffs compensatory and aggravating circumstances damages, the defendants appealed. The appellate court affirmed the trial court's judgment, finding no error in the exclusion of expert testimony, the allowance of separate counsel, the jury instructions, or the submission of aggravating circumstances damages.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","auto-accident","evidence","jury-instructions","appellate-procedure"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=206694","detailUrl":"https://ott.law/missouri-courts/opinions/carrie-s-schultz-and-robert-c-schultz-sr-surviving-parents-of-robert-c-sc-111241","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"car-accidents","label":"Car Accidents","href":"/practice-areas/car-accidents","score":12,"source":"topic","url":"https://ott.law/practice-areas/car-accidents"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"mo:sc100099:2024-03-05","opinionId":"9da6ad71-fd8d-568d-a388-2d59ab504bb3","slug":"state-ex-rel-clinton-no-1-inc-relator-v-the-honorable-brandon-baker-respo-100099","caseName":"State ex rel. Clinton No. 1, Inc., Relator, vs. The Honorable Brandon Baker, Respondent.","caseNumber":"SC100099","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2024-03-05","year":2024,"display_summary":"Donna Yarnell filed a wrongful death action against Clinton No. 1, Inc., a healthcare center, alleging negligence after her mother contracted COVID-19. Clinton sought a writ of mandamus to compel the circuit court to dismiss the action, claiming immunity under the federal PREP Act and two Missouri statutes. The Missouri Supreme Court quashed its preliminary writ of mandamus, holding that Yarnell's petition did not implicate a \"covered countermeasure\" under the PREP Act, Clinton failed to demonstrate deployment under one state immunity statute, and Yarnell adequately alleged recklessness to overcome the other state immunity statutes.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","civil-procedure","wrongful-death","negligence","administrative-law"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=206153","detailUrl":"https://ott.law/missouri-courts/opinions/state-ex-rel-clinton-no-1-inc-relator-v-the-honorable-brandon-baker-respo-100099","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappsd:sd37860:2024-01-08","opinionId":"0c7ef261-9afc-5998-857b-855e88482802","slug":"jal-and-jll-bnf-kayla-mason-and-kl-bnf-amanda-lewis-and-diane-lewis-campb-d37860","caseName":"J.A.L. and J.L.L. b/n/f KAYLA MASON and K.L. b/n/f AMANDA LEWIS and DIANE LEWIS-CAMPBELL, Plaintiff-Appellant\nv.\nKARL SCOTT LAMBERT and JOSEPH SCOTT LAMBERT, Defendants-Respondents","caseNumber":"SD37860","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2024-01-08","year":2024,"display_summary":"Diane Lewis-Campbell appealed the trial court's judgment regarding the apportionment of a wrongful death settlement and the payment of attorney's fees. Lewis-Campbell, the mother of the decedent, and the decedent's minor children were claimants in a $2.5 million settlement. The trial court ordered each claimant to pay their attorney's fees as contracted from their share. The appellate court affirmed, holding that section 537.095 requires payment of attorney's fees as contracted when a valid agreement exists, and does not permit modification based on Rule 4-1.5 or allow fee sharing from other claimants when they have their own counsel before the settlement judgment is rendered.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","civil-procedure","contracts","appellate-procedure","standard-of-review"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=204313","detailUrl":"https://ott.law/missouri-courts/opinions/jal-and-jll-bnf-kayla-mason-and-kl-bnf-amanda-lewis-and-diane-lewis-campb-d37860","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"corporate","label":"Corporate Law","href":"/practice-areas/corporate","score":12,"source":"topic","url":"https://ott.law/practice-areas/corporate"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"mo:sc100069:2023-12-19","opinionId":"75509e21-e9b7-5ade-9182-8194775a96d8","slug":"state-ex-rel-jayla-ruiz-morales-john-kimani-and-valarie-johnson-relators-100069","caseName":"State ex rel. Jayla Ruiz-Morales, John Kimani, and Valarie Johnson, Relators, vs. The Honorable Deborah Alessi, Respondent.","caseNumber":"SC100069","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2023-12-19","year":2023,"display_summary":"Jayla Ruiz-Morales, John Kimani, and Valarie Johnson, employees of a state-operated treatment center, sought a writ of prohibition after the circuit court overruled their motion to dismiss a wrongful death action based on official immunity. The underlying action alleged negligence in the care of a patient, Ronald Scheer, who died while in their care. The Supreme Court of Missouri made its preliminary writ of prohibition permanent, holding that the employees were entitled to official immunity because the duties outlined in the patient's individual support plan involved discretion, not purely ministerial acts.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","civil-procedure","wrongful-death"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=203720","detailUrl":"https://ott.law/missouri-courts/opinions/state-ex-rel-jayla-ruiz-morales-john-kimani-and-valarie-johnson-relators-100069","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappsd:sd37797:2023-12-19","opinionId":"cc9fef47-ee9d-57a1-9caa-1702e8d955d1","slug":"terry-mccroskey-tom-mccroskey-brent-mccroskey-dwayne-mccroskey-cherie-hob-d37797","caseName":"TERRY MCCROSKEY, TOM MCCROSKEY, BRENT MCCROSKEY, DWAYNE MCCROSKEY, CHERIE HOBSON, individually, and CHERIE HOBSON as Next Friend for L.H., a minor, and BETH MURPHY, as Next Friend for C.M., a minor, Plaintiffs-Respondents\nv.\nRAJINDER SINGH, et al., Defendants-Appellants","caseNumber":"SD37797","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2023-12-19","year":2023,"display_summary":"The McCroskeys sued Next Stop C-Stores, LLC, Balwinder Singh, and Gurminder Singh for wrongful death and negligence after Patricia McCroskey was killed in an auto accident involving Rajinder Singh, an alleged employee. The trial court entered an interlocutory default judgment against the defendants for failing to timely respond to the petition. The defendants appealed the trial court's denial of their motion to set aside the default judgment. The appellate court affirmed, finding no abuse of discretion in the trial court's determination that the defendants failed to show good cause for their untimely response.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","appellate-procedure","negligence","wrongful-death","auto-accident"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=203736","detailUrl":"https://ott.law/missouri-courts/opinions/terry-mccroskey-tom-mccroskey-brent-mccroskey-dwayne-mccroskey-cherie-hob-d37797","relatedPracticeAreas":[{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":20,"source":"tag","url":"https://ott.law/practice-areas/insurance-bad-faith"},{"slug":"car-accidents","label":"Car Accidents","href":"/practice-areas/car-accidents","score":12,"source":"topic","url":"https://ott.law/practice-areas/car-accidents"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappwd:wd86384:2023-09-12","opinionId":"7fd430f0-1a90-53ec-8708-e11efa2cfada","slug":"state-of-missouri-ex-rel-dkm-enterprises-llc-v-honorable-stacey-lett-in-h-d86384","caseName":"State of Missouri ex. rel., DKM Enterprises, LLC\nvs.\nHonorable Stacey Lett, In Her Official Capacity as Circuit Judge, Circuit Court of Cass County","caseNumber":"WD86384","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2023-09-12","year":2023,"display_summary":"DKM Enterprises, LLC, a Texas company, sought a writ of prohibition after the Circuit Court of Cass County denied its motion to dismiss for lack of personal jurisdiction in a wrongful death lawsuit. The underlying claims arose from a motor vehicle accident in Kansas where steel pipe sold by DKM broke apart, killing Brooke Rees. The appellate court made its preliminary writ of prohibition permanent, holding that Missouri's long-arm statute did not authorize personal jurisdiction over DKM because the sale of the pipe occurred in Kansas, and DKM did not transact business in Missouri related to the accident.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","appellate-procedure","standard-of-review","contracts","wrongful-death"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=200976","detailUrl":"https://ott.law/missouri-courts/opinions/state-of-missouri-ex-rel-dkm-enterprises-llc-v-honorable-stacey-lett-in-h-d86384","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"corporate","label":"Corporate Law","href":"/practice-areas/corporate","score":18,"source":"topic","url":"https://ott.law/practice-areas/corporate"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappd:ed110912:2023-08-01","opinionId":"dd0b5d6d-46c8-58c8-93ba-f2371e74facf","slug":"mark-brommelhorst-and-barbara-brommelhorst-individually-and-on-behalf-of-110912","caseName":"Mark Brommelhorst and Barbara Brommelhorst, Individually and on Behalf of Gabriel Brommelhorst, Deceased, Respondents, vs. Automobile Club Inter-Insurance Exchange, Appellant, and Danielle Johnson, Defendant.","caseNumber":"ED110912","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2023-08-01","year":2023,"display_summary":"Mark and Barbara Brommelhorst sued Automobile Club Inter-Insurance Exchange (Auto Club) for uninsured motorist coverage and Danielle Johnson for wrongful death after Johnson struck and killed their son, Gabriel Brommelhorst. Johnson was uninsured and defaulted in the proceedings. The trial court denied Auto Club the opportunity to contest Johnson's liability and entered judgment for the Brommelhorsts. The appellate court reversed, holding that Auto Club, as a named defendant, had the right to contest Johnson's liability and was not bound by her admissions by default.","primaryTopic":"insurance","topicSlugs":["insurance","civil-procedure","wrongful-death","negligence","appellate-procedure"],"outcomeNorm":"remanded","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=198076","detailUrl":"https://ott.law/missouri-courts/opinions/mark-brommelhorst-and-barbara-brommelhorst-individually-and-on-behalf-of-110912","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":18,"source":"topic","url":"https://ott.law/practice-areas/insurance-bad-faith"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"mo:sc99928:2023-07-20","opinionId":"4cf5f503-49d2-55f0-b235-22ab5032daed","slug":"christina-forester-appellant-v-crystal-may-respondent-c99928","caseName":"Christina Forester, Appellant, vs. Crystal May, Respondent.","caseNumber":"SC99928","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2023-07-20","year":2023,"display_summary":"Christina Forester sued Crystal May, a children's division caseworker, for the wrongful death of her granddaughter, alleging May failed to perform a ministerial duty by not timely completing a SAFE CARE referral. The circuit court dismissed Forester's petition, finding May was entitled to official immunity and that causation was not adequately pleaded. The Supreme Court of Missouri affirmed the dismissal, holding that May's actions involved discretion and thus she was protected by official immunity, making the petition fail to state a claim.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","wrongful-death","civil-procedure","administrative-law"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=197718","detailUrl":"https://ott.law/missouri-courts/opinions/christina-forester-appellant-v-crystal-may-respondent-c99928","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd85014:2023-06-27","opinionId":"5030bbe3-bd4a-592e-933d-3b49a4a28cb0","slug":"marlayna-kenney-v-kailey-k-myers-d85014","caseName":"Marlayna Kenney\nvs.\nKailey K. Myers","caseNumber":"WD85014","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2023-06-27","year":2023,"display_summary":"Kailey K. Myers appealed a judgment in favor of Marlayna Kenney and Jayden Morgan on their wrongful death and personal injury claims, which arose from a motor vehicle accident. Myers argued that the trial court abused its discretion by admitting evidence related to her liability, as she had admitted fault for the accident. The appellate court affirmed the judgment, holding that Myers' admission was not a clear and unequivocal admission of all specific allegations of negligence, and even with such an admission, plaintiffs retain the right to present relevant liability evidence. The court also found no outcome-determinative prejudice.","primaryTopic":"auto-accident","topicSlugs":["auto-accident","evidence","civil-procedure","personal-injury","wrongful-death"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=196856","detailUrl":"https://ott.law/missouri-courts/opinions/marlayna-kenney-v-kailey-k-myers-d85014","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"car-accidents","label":"Car Accidents","href":"/practice-areas/car-accidents","score":12,"source":"topic","url":"https://ott.law/practice-areas/car-accidents"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappwd:wd85103:2023-05-16","opinionId":"f303e5a0-66ea-5346-a73c-0e615b4830ce","slug":"vicky-church-sarah-austin-and-jacob-church-on-behalf-of-all-beneficiaries-d85103","caseName":"Vicky Church, Sarah Austin and Jacob Church, on behalf of all Beneficiaries\nvs.\nCNH Industrial America, LLC","caseNumber":"WD85103","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2023-05-16","year":2023,"display_summary":"Vicky Church and other beneficiaries sued CNH Industrial America, LLC for wrongful death, alleging strict products liability and negligence after Wayne Church was crushed by a defective skid steer cab. CNH appealed the judgment awarding damages, challenging the refusal of a comparative fault instruction, the admission of other incident evidence, the admission of expert testimony, and the calculation of post-judgment interest. The appellate court affirmed the trial court's rulings on the instructions and evidence, finding CNH failed to preserve its objections. However, the court reversed the award of post-judgment interest, holding it should accrue from the date of the final judgment apportioning damages, not the earlier non-final judgment.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","civil-procedure","evidence","jury-instructions","appellate-procedure"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=195377","detailUrl":"https://ott.law/missouri-courts/opinions/vicky-church-sarah-austin-and-jacob-church-on-behalf-of-all-beneficiaries-d85103","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed110581:2023-05-09","opinionId":"f12a2017-63bb-58ef-b507-2d4bde75fa88","slug":"vicki-shad-schaefer-individually-and-vicki-shade-schaefer-on-behalf-of-th-110581","caseName":"Vicki Shad-Schaefer, Individually, and Vicki Shade-Schaefer on Behalf of the Estate of Wayne Schaefer, Christopher Schaefer, and Stephanie Schaefer, Appellants, vs. City of Eureka, Robert Wade, and Richard Green, Appellants.","caseNumber":"ED110581","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2023-05-09","year":2023,"display_summary":"Appellants sued the City of Eureka, its employee Robert Wade, and painter Richard Green for inhalation injuries from paint overspray during water tank maintenance, later adding a wrongful death claim. The trial court granted summary judgment for all defendants and denied leave to add the wrongful death claim. The appellate court reversed summary judgment for Eureka, finding its water tank maintenance a proprietary function not protected by sovereign immunity. It affirmed summary judgment for Wade and Green on the original negligence claims. The court also reversed the denial of leave to add the wrongful death claim against Eureka, Green, and two new defendants, holding the claim accrued at death and was not time-barred, and that the trial court abused its discretion. However, the denial of leave as to Wade was affirmed due to official immunity.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","civil-procedure","wrongful-death","negligence","standard-of-review"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=195297","detailUrl":"https://ott.law/missouri-courts/opinions/vicki-shad-schaefer-individually-and-vicki-shade-schaefer-on-behalf-of-th-110581","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":18,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":18,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed110638:2023-03-07","opinionId":"a5faed79-2142-5eca-8c00-316ced45f74d","slug":"stephanie-clark-appellant-v-ssm-healthcare-st-louis-dba-ssm-health-st-jos-110638","caseName":"Stephanie Clark, Appellant, vs. SSM Healthcare St. Louis, d/b/a SSM Health St. Joseph Hospital, Wentzville, Dawn Holemon, M.D., Lee M. Freund, D.O., and St. Charles Emergency Group, LLC., Respondents.","caseNumber":"ED110638","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2023-03-07","year":2023,"display_summary":"Stephanie Clark sued SSM Healthcare St. Louis and other medical providers for medical negligence and wrongful death after her fourteen-year-old daughter, D.G., committed suicide following discharge from the hospital. The trial court granted summary judgment for the defendants on three grounds: causation, statutory immunity, and a claim for aggravating circumstances damages. The appellate court reversed on all three bases, finding that the trial court misconstrued Missouri law on causation in wrongful death cases, erroneously applied a statutory immunity provision, and used the wrong version of the statute for aggravating circumstances damages.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","negligence","summary-judgment","governmental-immunity","civil-procedure"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=193099","detailUrl":"https://ott.law/missouri-courts/opinions/stephanie-clark-appellant-v-ssm-healthcare-st-louis-dba-ssm-health-st-jos-110638","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":16,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed110432:2023-02-28","opinionId":"a4de1093-dd22-5ea0-88ca-26f5fa9c7331","slug":"progressive-casualty-insurance-company-respondent-v-kenneth-moore-appella-110432","caseName":"Progressive Casualty Insurance Company, Respondent, vs. Kenneth Moore, Appellant, and Lashun Givands, Respondent.","caseNumber":"ED110432","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2023-02-28","year":2023,"display_summary":"Kenneth Moore appealed from a circuit court judgment in an interpleader action, which incorporated a prior summary judgment against him on negligence and wrongful death crossclaims related to a motor vehicle incident. The appellate court dismissed Moore's appeal, finding that his brief failed to comply with mandatory appellate briefing rules, particularly Rule 84.04, by not presenting any points relied on. This failure precluded the court from conducting a meaningful review, and the court declined to impose sanctions for a frivolous appeal.","primaryTopic":"appellate-procedure","topicSlugs":["appellate-procedure","civil-procedure","summary-judgment","wrongful-death","auto-accident"],"outcomeNorm":"dismissed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=192820","detailUrl":"https://ott.law/missouri-courts/opinions/progressive-casualty-insurance-company-respondent-v-kenneth-moore-appella-110432","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"car-accidents","label":"Car Accidents","href":"/practice-areas/car-accidents","score":12,"source":"topic","url":"https://ott.law/practice-areas/car-accidents"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappwd:wd84947:2022-12-06","opinionId":"0a81751a-9632-5fde-b220-2fdec247f1cb","slug":"marsha-zerpa-a-surviving-spouse-of-nicholas-zerpa-deceased-v-xpo-logistic-d84947","caseName":"Marsha Zerpa, A Surviving Spouse of Nicholas Zerpa, Deceased \nvs. \nXPO Logistics Freight, Inc., and Timothy Lee Chambers","caseNumber":"WD84947","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2022-12-06","year":2022,"display_summary":"Marsha Zerpa appealed a jury verdict in favor of XPO Logistics Freight, Inc. and Timothy Lee Chambers in her wrongful death lawsuit, alleging their negligence caused her husband's death. Zerpa contended the trial court erred by giving an improper affirmative converse jury instruction. The appellate court reversed the judgment and remanded for a new trial, holding that the instruction was improper as it hypothesized facts that were not sufficient to bar the plaintiff's recovery.","primaryTopic":"jury-instructions","topicSlugs":["jury-instructions","civil-procedure","wrongful-death","negligence","appellate-procedure"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=190956","detailUrl":"https://ott.law/missouri-courts/opinions/marsha-zerpa-a-surviving-spouse-of-nicholas-zerpa-deceased-v-xpo-logistic-d84947","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappsd:sd37325:2022-11-22","opinionId":"10935309-033b-5cfb-984d-e0f519968c3f","slug":"christina-forester-appellant-v-chrystal-may-respondent-d37325","caseName":"CHRISTINA FORESTER, Appellant\nvs.\nCHRYSTAL MAY, Respondent","caseNumber":"SD37325","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2022-11-22","year":2022,"display_summary":"Christina Forester filed a wrongful death lawsuit against Chrystal May, a Children's Division caseworker, after Forester's 22-month-old grandchild died from a fentanyl overdose. The trial court dismissed the petition based on official immunity and lack of causation. The appellate court reversed and remanded, holding that the caseworker's duty to complete and submit a SAFE CARE referral form was a ministerial act not subject to official immunity, and that causation was not a proper ground for dismissal as it was not raised in the motion to dismiss.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","wrongful-death","civil-procedure","appellate-procedure","negligence"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=190713","detailUrl":"https://ott.law/missouri-courts/opinions/christina-forester-appellant-v-chrystal-may-respondent-d37325","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed110325:2022-10-11","opinionId":"ed757423-cbed-59d5-8be2-c29671a71ed2","slug":"jemerio-harris-and-jacqueline-armstrong-plaintiffsappellants-v-city-of-st-110325","caseName":"Jemerio Harris and Jacqueline Armstrong, Plaintiffs/Appellants, vs. City of St. Louis, Missouri, James Zwilling, Michael Scego, and Timothy Boyce, Defendants/Respondents.","caseNumber":"ED110325","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2022-10-11","year":2022,"display_summary":"Jemerio Harris and Jacqueline Armstrong appealed a judgment on the pleadings granted in favor of the City of St. Louis and several police officers. Appellants had filed wrongful death and negligence claims after a suspect, fleeing from the officers, caused a collision that resulted in a fatality and serious injuries. The appellate court affirmed the judgment, holding that the officers' conduct was not the proximate cause of the collision as a matter of law, consistent with established Missouri precedent on police pursuits.","primaryTopic":"negligence","topicSlugs":["negligence","wrongful-death","civil-procedure","summary-judgment","auto-accident"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=189794","detailUrl":"https://ott.law/missouri-courts/opinions/jemerio-harris-and-jacqueline-armstrong-plaintiffsappellants-v-city-of-st-110325","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"car-accidents","label":"Car Accidents","href":"/practice-areas/car-accidents","score":12,"source":"topic","url":"https://ott.law/practice-areas/car-accidents"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappwd:wd85172:2022-09-27","opinionId":"7160aa69-1c85-5cce-99db-db3289cc2cf6","slug":"sarah-channel-lauren-channel-mary-channel-v-stephen-walker-individually-d85172","caseName":"Sarah Channel, Lauren Channel, Mary Channel\nvs. \nStephen Walker, Individually","caseNumber":"WD85172","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2022-09-27","year":2022,"display_summary":"Sarah, Lauren, and Mary Channel appealed the circuit court's summary judgment in favor of Stephen Walker in their wrongful death action. They alleged Walker, a co-employee and manager, intentionally and negligently caused Thomas Channel's heat-related death by failing to follow heat stress protocols and assigning him to a long route in a truck without air conditioning. The appellate court affirmed, holding that Walker's alleged actions were encompassed within the employer's nondelegable duty to provide a safe workplace and did not constitute a breach of an independent duty of care.","primaryTopic":"workers-compensation","topicSlugs":["workers-compensation","negligence","summary-judgment","employment-law","wrongful-death"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=189376","detailUrl":"https://ott.law/missouri-courts/opinions/sarah-channel-lauren-channel-mary-channel-v-stephen-walker-individually-d85172","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"employment","label":"Employment Law","href":"/practice-areas/employment","score":16,"source":"topic","url":"https://ott.law/practice-areas/employment"},{"slug":"workers-compensation","label":"Workers' Compensation","href":"/practice-areas/workers-compensation","score":12,"source":"topic","url":"https://ott.law/practice-areas/workers-compensation"}]},{"caseId":"moappwd:wd84881:2022-08-23","opinionId":"09f7c2f7-d0de-519d-b860-fa0b893aa268","slug":"farmers-insurance-company-inc-v-jill-mabie-et-al-d84881","caseName":"Farmers Insurance Company, Inc.\nvs. \nJill Mabie, et al.","caseNumber":"WD84881","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2022-08-23","year":2022,"display_summary":"Farmers Insurance Company appealed the trial court's dismissal of its amended petition for interpleader. The underlying dispute involved multiple claims against Farmers' insured arising from a car accident, where Farmers sought to resolve the distribution of its policy limits among the claimants. The trial court dismissed the petition for failure to state a claim. The appellate court reversed and remanded, holding that Farmers had sufficiently pleaded the necessary elements for an interpleader action under Missouri law.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","insurance","appellate-procedure","personal-injury","wrongful-death"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=188634","detailUrl":"https://ott.law/missouri-courts/opinions/farmers-insurance-company-inc-v-jill-mabie-et-al-d84881","relatedPracticeAreas":[{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":32,"source":"tag","url":"https://ott.law/practice-areas/insurance-bad-faith"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd84634:2022-06-07","opinionId":"a0151452-a7a2-53e3-981a-297853354305","slug":"sylvia-norman-v-progressive-preferred-insurance-company-d84634","caseName":"Sylvia Norman\nvs. \nProgressive Preferred Insurance Company","caseNumber":"WD84634","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2022-06-07","year":2022,"display_summary":"Sylvia Norman appealed a judgment in her equitable garnishment action against Progressive Preferred Insurance Company, which calculated prejudgment interest based on the policy's liability limit. This judgment followed a remand from a prior appeal. The appellate court, however, dismissed the current appeal for lack of appellate jurisdiction. The court found that the judgment was not final because other claims and parties, including a cross-claim and claims involving Amber Ralston, remained unresolved, and the trial court had not issued a Rule 74.01(b) certification of finality.","primaryTopic":"appellate-procedure","topicSlugs":["appellate-procedure","civil-procedure","insurance","wrongful-death"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=187180","detailUrl":"https://ott.law/missouri-courts/opinions/sylvia-norman-v-progressive-preferred-insurance-company-d84634","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":12,"source":"topic","url":"https://ott.law/practice-areas/insurance-bad-faith"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappd:ed109672:2022-05-17","opinionId":"cd68d232-7f9f-574d-938b-ded70b8c138e","slug":"michael-reddick-appellant-v-spring-lake-estates-homeowners-association-me-109672","caseName":"Michael Reddick, Appellant, v. Spring Lake Estates Homeowner's Association, Melvin Dockins, and Acuity, a Mutual Insurance Company, Respondents.","caseNumber":"ED109672","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2022-05-17","year":2022,"display_summary":"Michael Reddick filed a wrongful death lawsuit against the Spring Lake Estates Homeowner's Association, home inspector Melvin Dockins, and Acuity, a Mutual Insurance Company, following his wife's fatal fall. The circuit court granted summary judgment to the Association and dismissed Reddick's claims against Dockins and Acuity. The appellate court affirmed, holding that the Association owed no duty to light private property, Dockins owed no duty to the decedent, and a Section 537.065 agreement did not bind Acuity or allow a direct action against it.","primaryTopic":"negligence","topicSlugs":["negligence","civil-procedure","wrongful-death","summary-judgment","contracts"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=186915","detailUrl":"https://ott.law/missouri-courts/opinions/michael-reddick-appellant-v-spring-lake-estates-homeowners-association-me-109672","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"corporate","label":"Corporate Law","href":"/practice-areas/corporate","score":12,"source":"topic","url":"https://ott.law/practice-areas/corporate"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"mo:sc99139:2021-12-21","opinionId":"00bbff18-4612-5fac-8961-78351a2126c0","slug":"state-ex-rel-darin-lutman-relator-v-the-honorable-m-brandon-baker-respond-c99139","caseName":"State ex rel. Darin Lutman, Relator, vs. The Honorable M. Brandon Baker, Respondent.","caseNumber":"SC99139","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2021-12-21","year":2021,"display_summary":"Darin Lutman sought a writ of prohibition to prevent the release of his medical records from two health networks, arguing they were protected by physician-patient privilege. The circuit court had ordered the disclosure of these records in a wrongful death and personal injury suit filed against Lutman after a fatal auto accident. The Missouri Supreme Court made its preliminary writ of prohibition permanent, holding that Lutman's statements to police and in an apology letter did not constitute an implied waiver of the privilege, as they did not show a clear, unequivocal purpose to divulge confidential medical information. The Court also clarified that a writ of prohibition remains appropriate even if records have been disclosed, as a partial remedy can be ordered.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","evidence","personal-injury","wrongful-death","auto-accident"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=182828","detailUrl":"https://ott.law/missouri-courts/opinions/state-ex-rel-darin-lutman-relator-v-the-honorable-m-brandon-baker-respond-c99139","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"car-accidents","label":"Car Accidents","href":"/practice-areas/car-accidents","score":12,"source":"topic","url":"https://ott.law/practice-areas/car-accidents"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappwd:wd84129:2021-10-05","opinionId":"2e4a494a-b08b-53d6-8a7e-841bda5bee80","slug":"leslie-m-henson-individually-and-as-personal-representative-of-the-estate-d84129","caseName":"Leslie M. Henson, Individually, and as Personal Representative of the Estate of Leslie S. Henson\nvs. \nMerob Logistics, LLC and Tedros S. Lakew;\nZurich American Insurance Company","caseNumber":"WD84129","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2021-10-05","year":2021,"display_summary":"Leslie M. Henson filed a wrongful death lawsuit against Merob Logistics, LLC and Tedros S. Lakew, later arbitrating his claims and seeking to confirm the award. Zurich American Insurance Company, an insurer for an Amazon affiliate, filed a motion to intervene. The trial court entered judgment confirming the arbitration award without ruling on Zurich's motion, leading Zurich to appeal. The appellate court dismissed the appeal, holding that the judgment was not final due to the unresolved motion to intervene, and Zurich lacked standing as it was not an aggrieved party.","primaryTopic":"appellate-procedure","topicSlugs":["appellate-procedure","civil-procedure","insurance","wrongful-death"],"outcomeNorm":"dismissed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=180955","detailUrl":"https://ott.law/missouri-courts/opinions/leslie-m-henson-individually-and-as-personal-representative-of-the-estate-d84129","relatedPracticeAreas":[{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":32,"source":"tag","url":"https://ott.law/practice-areas/insurance-bad-faith"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd84141:2021-08-10","opinionId":"11199205-a5bc-5c96-877c-ee4a8181029f","slug":"adrienne-siddens-v-philadelphia-indemnity-insurance-company-d84141","caseName":"Adrienne Siddens\nvs. \nPhiladelphia Indemnity Insurance Company","caseNumber":"WD84141","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2021-08-10","year":2021,"display_summary":"Adrienne Siddens, wife of a deceased employee, appealed the trial court's grant of summary judgment in favor of Philadelphia Indemnity Insurance Company (PIIC). The dispute centered on whether the Decedent qualified as a \"Named Insured\" under PIIC's policy, which would allow stacking of uninsured motorist (UM) coverage limits. The appellate court affirmed the trial court's decision, concluding that the Decedent was an \"occupant insured\" rather than a \"Named Insured,\" and thus, stacking of UM coverage was not permitted.","primaryTopic":"insurance","topicSlugs":["insurance","summary-judgment","contracts","wrongful-death"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=179353","detailUrl":"https://ott.law/missouri-courts/opinions/adrienne-siddens-v-philadelphia-indemnity-insurance-company-d84141","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":18,"source":"topic","url":"https://ott.law/practice-areas/insurance-bad-faith"},{"slug":"corporate","label":"Corporate Law","href":"/practice-areas/corporate","score":12,"source":"topic","url":"https://ott.law/practice-areas/corporate"}]},{"caseId":"mo:sc98711:2021-06-15","opinionId":"86f21307-c00e-573c-a38c-0d05ab632b2b","slug":"state-ex-rel-officer-sergeant-dirk-helms-and-chief-joe-edwards-relators-v-c98711","caseName":"State ex rel. Officer Sergeant Dirk Helms and Chief Joe Edwards, Relators, vs. The Honorable Joseph Alfred Rathert, Respondent.","caseNumber":"SC98711","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2021-06-15","year":2021,"display_summary":"Lonnie Decker filed a wrongful death petition against Sergeant Dirk Helms and Chief Joe Edwards, supervisors in the De Soto Police Department, alleging negligence in failing to adopt vehicular pursuit policies and train officers, which led to his daughter's death during a police pursuit. The circuit court denied their motions to dismiss based on official immunity and the public duty doctrine. The Missouri Supreme Court made its preliminary writ of prohibition permanent, holding that the supervisors' duties were discretionary, not ministerial, and therefore official immunity barred the claims against them.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","civil-procedure","appellate-procedure","negligence","wrongful-death"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=178034","detailUrl":"https://ott.law/missouri-courts/opinions/state-ex-rel-officer-sergeant-dirk-helms-and-chief-joe-edwards-relators-v-c98711","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd84048:2021-05-25","opinionId":"b7e30758-ec4b-577c-93d8-3c26adc88f3b","slug":"emily-riegel-allan-pickert-and-joann-pickert-v-david-g-jungerman-as-trust-d84048","caseName":"Emily Riegel, Allan Pickert and Joann Pickert\nvs. \nDavid G. Jungerman, as Trustee or Co-Trustee of the Jungerman Family Irrevocable Trust","caseNumber":"WD84048","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2021-05-25","year":2021,"display_summary":"Plaintiffs Emily Riegel, Allan Pickert, and Joann Pickert initiated a wrongful death and fraudulent conveyance action against David Jungerman and others, alleging Jungerman killed attorney Thomas Pickert and conspired to hide assets. A partial settlement was reached, which Jungerman, as alleged trustee of the Jungerman Family Irrevocable Trust, objected to, claiming he had standing. The trial court overruled his objection, finding he lacked standing. The appellate court dismissed Jungerman's appeal, concluding he was not an aggrieved party and therefore lacked standing to challenge the settlement.","primaryTopic":"appellate-procedure","topicSlugs":["appellate-procedure","trusts","civil-procedure","wrongful-death"],"outcomeNorm":"dismissed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=177580","detailUrl":"https://ott.law/missouri-courts/opinions/emily-riegel-allan-pickert-and-joann-pickert-v-david-g-jungerman-as-trust-d84048","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"mo:sc98650:2021-04-06","opinionId":"6f5e62bf-a32b-5b23-83cd-d4267d1ab6ce","slug":"state-ex-rel-country-mutual-insurance-company-relator-v-the-honorable-bri-c98650","caseName":"State ex rel. COUNTRY Mutual Insurance Company, Relator, vs. The Honorable Brian H. May, Respondent.","caseNumber":"SC98650","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2021-04-06","year":2021,"display_summary":"Country Mutual Insurance Co. (Relator) petitioned for a writ of prohibition against Judge Brian H. May (Respondent) after its timely application for a change of judge was denied. Relator, an intervenor in a wrongful death suit, argued that upon filing its application, Respondent lost authority to take any further action in the case. The Missouri Supreme Court agreed, making the preliminary writ of prohibition permanent, directing Respondent to vacate his orders and sustain the application for a change of judge.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","appellate-procedure","insurance","wrongful-death"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=176498","detailUrl":"https://ott.law/missouri-courts/opinions/state-ex-rel-country-mutual-insurance-company-relator-v-the-honorable-bri-c98650","relatedPracticeAreas":[{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":32,"source":"tag","url":"https://ott.law/practice-areas/insurance-bad-faith"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"mo:sc98673:2021-03-08","opinionId":"5831d5ef-3082-512e-8409-0858e08430cb","slug":"carolyn-holmes-personal-representative-for-the-estate-of-robert-v-holmes-c98673","caseName":"Carolyn Holmes, Personal Representative for the Estate of Robert V. Holmes, Appellant, vs. Union Pacific Railroad Co., Respondent.","caseNumber":"SC98673","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2021-03-08","year":2021,"display_summary":"Carolyn Holmes, as purported personal representative, filed a wrongful death lawsuit under FELA against Union Pacific Railroad Co. without first being formally appointed. The circuit court granted her thirty days to obtain the appointment and amend her petition, but she failed to meet this deadline. The circuit court then dismissed her petition, and the Missouri Supreme Court affirmed, holding that the circuit court did not abuse its discretion in denying Holmes' motion for leave to amend out of time, as she failed to demonstrate excusable neglect.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","appellate-procedure","wrongful-death","employment-law"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=174854","detailUrl":"https://ott.law/missouri-courts/opinions/carolyn-holmes-personal-representative-for-the-estate-of-robert-v-holmes-c98673","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"employment","label":"Employment Law","href":"/practice-areas/employment","score":12,"source":"topic","url":"https://ott.law/practice-areas/employment"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappwd:wd83345:2021-03-02","opinionId":"ca1fef6a-9f01-5308-a764-e88e7e36d89c","slug":"sylvia-norman-v-progressive-preferred-insurance-company-amber-ralston-d83345","caseName":"Sylvia Norman\nvs. \nProgressive Preferred Insurance Company,\nAmber Ralston","caseNumber":"WD83345","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2021-03-02","year":2021,"display_summary":"Sylvia Norman's husband was killed in an automobile accident with Amber Ralston, who was insured by Progressive. Norman obtained a wrongful death judgment against Ralston, and Progressive tendered its policy limits but not all interest and costs. Norman then filed an equitable garnishment action against Progressive, alleging it failed to pay all interest and court costs owed under the policy. The trial court granted summary judgment to Progressive. The appellate court reversed and remanded, holding that Progressive's conditional settlement offer did not terminate its obligation to pay prejudgment interest, but affirmed that Progressive had paid all taxed court costs and that its payment of the bodily injury limit terminated its obligation for post-judgment interest.","primaryTopic":"insurance","topicSlugs":["insurance","civil-procedure","summary-judgment","auto-accident","wrongful-death"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=174180","detailUrl":"https://ott.law/missouri-courts/opinions/sylvia-norman-v-progressive-preferred-insurance-company-amber-ralston-d83345","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"car-accidents","label":"Car Accidents","href":"/practice-areas/car-accidents","score":12,"source":"topic","url":"https://ott.law/practice-areas/car-accidents"},{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":12,"source":"topic","url":"https://ott.law/practice-areas/insurance-bad-faith"}]},{"caseId":"moappwd:wd83644:2021-02-23","opinionId":"3ed88a90-7c9f-58f7-86d0-8b7d13f1dca5","slug":"michael-lee-v-missouri-department-of-transportation-d83644","caseName":"Michael Lee\nvs.\nMissouri Department of Transportation","caseNumber":"WD83644","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2021-02-23","year":2021,"display_summary":"Michael Lee sued the Missouri Department of Transportation for wrongful death after his daughter, Jessica Lee, died when her car was swept off a flooded road. The trial court dismissed the petition, concluding Jessica's awareness of the danger precluded the claim under *Harris v. Niehaus*. The appellate court reversed and remanded, holding that the petition sufficiently alleged that MoDOT should have anticipated the harm despite the condition's potential obviousness, given the circumstances and the road being the sole egress.","primaryTopic":"premises-liability","topicSlugs":["premises-liability","negligence","wrongful-death","civil-procedure","appellate-procedure"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=173754","detailUrl":"https://ott.law/missouri-courts/opinions/michael-lee-v-missouri-department-of-transportation-d83644","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","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","url":"https://ott.law/practice-areas/slip-and-fall"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappd:ed108982:2021-02-23","opinionId":"cebed943-f172-58eb-8400-d2e0f2044553","slug":"tierra-kemp-individually-and-as-the-surviving-mother-of-decedent-cameron-108982","caseName":"Tierra Kemp, Individually and as the Surviving Mother of Decedent, Cameron Keeper, Appellant, vs. Mancy McReynolds, R.N., Michele Coombs, R.N., Millicent Coleman, and Nycole Umphrey, Respondents.","caseNumber":"ED108982","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2021-02-23","year":2021,"display_summary":"Tierra Kemp, individually and as the surviving mother of Cameron Keeper, appealed the trial court's dismissal of her petition alleging medical malpractice and negligence against school nurses and teachers following her daughter's death. The trial court had granted motions to dismiss based on official immunity and the Paul D. Coverdell Teacher Protection Act. The appellate court reversed and remanded, holding that the petition sufficiently pleaded breaches of ministerial duties, that official immunity did not apply to medical professionals in non-emergency situations as pleaded, and that the Coverdell Act did not clearly protect the teacher based on the petition's allegations.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","negligence","wrongful-death","civil-procedure","administrative-law"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=174393","detailUrl":"https://ott.law/missouri-courts/opinions/tierra-kemp-individually-and-as-the-surviving-mother-of-decedent-cameron-108982","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed108785:2020-12-29","opinionId":"313e2977-f011-51d1-b0b7-9dfc690935ba","slug":"lynetta-scales-appellant-v-stacie-whitaker-defendant-and-places-for-peopl-108785","caseName":"Lynetta Scales, Appellant, vs. Stacie Whitaker, Defendant, and Places for People, Incorporated, Respondent.","caseNumber":"ED108785","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2020-12-29","year":2020,"display_summary":"Lynnetta Scales appealed the dismissal of her wrongful death claim against Places for People, Incorporated, for failure to state a claim. Scales's former spouse, a client of Places for People, was struck and killed by a vehicle while walking on a public road. Scales alleged Places for People had a statutory duty to involuntarily commit Decedent, a common law duty to ensure his safety, and an assumed duty by conduct. The appellate court affirmed the dismissal, finding that Scales failed to plead sufficient facts to establish any of the alleged duties.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","negligence","civil-procedure","appellate-procedure","administrative-law"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=170876","detailUrl":"https://ott.law/missouri-courts/opinions/lynetta-scales-appellant-v-stacie-whitaker-defendant-and-places-for-peopl-108785","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd82725:2020-09-22","opinionId":"17d5a4bf-7146-56e1-a341-c2ef6088d28e","slug":"sean-tate-v-troy-dierks-d82725","caseName":"Sean Tate\nvs. \nTroy Dierks","caseNumber":"WD82725","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2020-09-22","year":2020,"display_summary":"Sean Tate appealed from a judgment in a wrongful death action, arguing the trial court erred by denying his motion for new trial and excluding the testimony of witness Jeffrey Frazier. Frazier was not disclosed in interrogatory answers or on the witness list, and Tate stipulated to a motion in limine precluding undisclosed witnesses. The appellate court affirmed, holding that the trial court acted within its broad discretion to exclude the testimony due to Tate's discovery violations and the resulting prejudice to the defendant.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","appellate-procedure","evidence","standard-of-review","wrongful-death"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=166393","detailUrl":"https://ott.law/missouri-courts/opinions/sean-tate-v-troy-dierks-d82725","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappsd:sd36457:2020-07-07","opinionId":"1ff133d0-accf-5aef-a66b-c832f8802f29","slug":"karen-hosfeld-plaintiff-appellant-v-pcrmcbond-clinic-medical-group-incorp-d36457","caseName":"KAREN HOSFELD, Plaintiff-Appellant\nv.\nPCRMC/BOND CLINIC MEDICAL GROUP INCORPORATED, Defendant-Respondent\nand\nDANA VOIGHT, MD, Defendant","caseNumber":"SD36457","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2020-07-07","year":2020,"display_summary":"Karen Hosfeld sued PCRMC/Bond Clinic Medical Group Incorporated for wrongful death, alleging medical negligence by its employee, Dr. Dana Voight. After Hosfeld dismissed Dr. Voight from the suit, the jury returned a verdict for the Clinic, but included Dr. Voight's name on the verdict form, prompting Hosfeld to move for a new trial due to alleged ambiguity. The trial court denied the motion, treating Dr. Voight's name as surplusage. The appellate court affirmed, finding no abuse of discretion in denying the new trial motion, as the verdict was not ambiguous and the addition of Dr. Voight's name was mere surplusage.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","wrongful-death","negligence","jury-instructions","appellate-procedure"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=161673","detailUrl":"https://ott.law/missouri-courts/opinions/karen-hosfeld-plaintiff-appellant-v-pcrmcbond-clinic-medical-group-incorp-d36457","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"mo:sc97854:2020-06-16","opinionId":"f1082c5e-0524-51ff-9a5b-b8f22e537041","slug":"londa-l-sofia-et-al-appellants-v-robert-w-dodson-md-et-al-respondents-c97854","caseName":"Londa L. Sofia, et al., Appellants, vs. Robert W. Dodson, M.D., et al., Respondents.","caseNumber":"SC97854","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2020-06-16","year":2020,"display_summary":"In a wrongful death action, plaintiffs appealed the circuit court's summary judgment in favor of Mercy Hospital Joplin, which was based on the expiration of the statute of limitations. Plaintiffs conceded the statute had run but argued they were entitled to the one-year savings statute for nonsuits because they had previously substituted Mercy Clinic for Mercy Hospital under Rule 55.33(c). The Missouri Supreme Court affirmed, holding that a party substitution under Rule 55.33(c) is not a nonsuit and therefore does not trigger the savings statute, making the attempt to add Mercy Hospital back into the suit time-barred.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","civil-procedure","summary-judgment","appellate-procedure","other"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=160077","detailUrl":"https://ott.law/missouri-courts/opinions/londa-l-sofia-et-al-appellants-v-robert-w-dodson-md-et-al-respondents-c97854","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd82867:2020-06-09","opinionId":"090fce41-f051-5ef1-ae27-b2e0a762b2b0","slug":"carolyn-holmes-personal-representative-for-the-estate-of-robert-v-holmes-d82867","caseName":"Carolyn Holmes, Personal Representative for the Estate of Robert V. Holmes,\nvs.\nUnion Pacific Railroad Co.","caseNumber":"WD82867","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2020-06-09","year":2020,"display_summary":"Carolyn Holmes, as personal representative for her late husband's estate, sued Union Pacific Railroad Co. under the Federal Employers' Liability Act (FELA) for wrongful death. The trial court dismissed her petition for lack of standing, refusing to allow her to amend her pleading to reflect her appointment as personal representative. The appellate court reversed and remanded, holding that the trial court abused its discretion by denying leave to amend, as the amendment was a change in form, not substance, and the court had actual knowledge of her proper legal capacity to sue.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","appellate-procedure","standard-of-review","wrongful-death","employment-law"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=159175","detailUrl":"https://ott.law/missouri-courts/opinions/carolyn-holmes-personal-representative-for-the-estate-of-robert-v-holmes-d82867","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"employment","label":"Employment Law","href":"/practice-areas/employment","score":12,"source":"topic","url":"https://ott.law/practice-areas/employment"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappsd:sd35898:2019-12-30","opinionId":"05e2687d-2820-513b-ac3d-e5be1c56654e","slug":"john-henry-rhoden-and-dorothy-jean-winfield-plaintiffs-respondents-v-miss-d35898","caseName":"JOHN HENRY RHODEN and DOROTHY JEAN WINFIELD, Plaintiffs-Respondents\nvs.\nMISSOURI DELTA MEDICAL CENTER, Defendant-Appellant","caseNumber":"SD35898","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2019-12-30","year":2019,"display_summary":"John Henry Rhoden and Dorothy Jean Winfield sued Missouri Delta Medical Center for wrongful death, alleging medical malpractice by its physicians during and after Mr. Rhoden's prostate surgery. A jury found in favor of the plaintiffs, and the medical center appealed, raising several points of error. The appellate court affirmed the judgment, finding no error in the jury instructions, the submissibility of aggravating circumstances damages, causation, expert witness qualifications, or evidentiary rulings.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","negligence","jury-instructions","evidence","appellate-procedure"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=147933","detailUrl":"https://ott.law/missouri-courts/opinions/john-henry-rhoden-and-dorothy-jean-winfield-plaintiffs-respondents-v-miss-d35898","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed107163:2019-10-15","opinionId":"fb537e7f-cf9e-505d-92da-e517f2477107","slug":"jose-rabago-et-al-appellants-v-kansas-city-southern-inc-et-al-respondents-107163","caseName":"Jose Rabago, et al., Appellants, v. Kansas City Southern, Inc., et al., Respondents.","caseNumber":"ED107163","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2019-10-15","year":2019,"display_summary":"Jose Rabago and other Appellants sued Kansas City Southern, Inc., and its subsidiaries for negligence and wrongful death following a train-bus collision in Mexico. The trial court dismissed the case based on the doctrine of forum non conveniens, finding Missouri an inconvenient forum and Mexico an available alternative. The appellate court reversed and remanded, agreeing that Missouri was an inconvenient forum but holding that the trial court abused its discretion by finding Mexico an available forum without ensuring Defendants would waive the statute of limitations defense for all Appellants.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","negligence","wrongful-death","appellate-procedure","standard-of-review"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=145415","detailUrl":"https://ott.law/missouri-courts/opinions/jose-rabago-et-al-appellants-v-kansas-city-southern-inc-et-al-respondents-107163","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"mo:sc97385:2019-08-13","opinionId":"a8502072-7b18-5a8a-80ef-12a5790cb21e","slug":"delores-henry-plaintiff-v-paul-piatchek-et-al-respondents-darrell-william-c97385","caseName":"Delores Henry, Plaintiff, vs. Paul Piatchek, et al., Respondents, Darrell Williams, Sr., Appellant.","caseNumber":"SC97385","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2019-08-13","year":2019,"display_summary":"Darrell Williams Sr. appealed the circuit court's denial of his Rule 74.06(b) motion to set aside the voluntary dismissal of a wrongful death suit filed by his deceased son's grandmother, and the denial of his motion to intervene. The Supreme Court of Missouri affirmed, holding that Williams Sr. was never a party to the grandmother's suit due to non-compliance with Rule 52.12(c) for intervention. Furthermore, the court held that a voluntary dismissal under Rule 67.02(a) is not a \"final judgment or order\" that can be set aside under Rule 74.06(b).","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","appellate-procedure","wrongful-death","standard-of-review"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=143317","detailUrl":"https://ott.law/missouri-courts/opinions/delores-henry-plaintiff-v-paul-piatchek-et-al-respondents-darrell-william-c97385","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"mo:sc97599:2019-07-16","opinionId":"bd5a4ec9-0874-54b9-833e-b2c153f0e948","slug":"loren-macke-respondent-pamela-eden-appellant-v-austin-patton-defendant-c97599","caseName":"Loren Macke, Respondent, Pamela Eden, Appellant, vs. Austin Patton, Defendant.","caseNumber":"SC97599","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2019-07-16","year":2019,"display_summary":"Pamela Eden appealed the circuit court's distribution of a wrongful death settlement for her son, Nicklaus Macke, arguing the court abused its discretion by denying a second continuance and erred in apportioning only 2% of the settlement to her. The circuit court had awarded 98% to Nicklaus's father, Loren Macke. The Supreme Court of Missouri affirmed the circuit court's judgment, finding no abuse of discretion in denying the continuance and no error in the apportionment of damages, while also clarifying the appropriate standard of review for such cases.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","standard-of-review","appellate-procedure","civil-procedure"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=142459","detailUrl":"https://ott.law/missouri-courts/opinions/loren-macke-respondent-pamela-eden-appellant-v-austin-patton-defendant-c97599","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd81952:2019-06-25","opinionId":"981092de-1e17-53ba-bb51-3fba546418bb","slug":"cindy-lockhart-et-al-v-susan-carlyle-d81952","caseName":"Cindy Lockhart, et al\nvs.\nSusan Carlyle","caseNumber":"WD81952","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2019-06-25","year":2019,"display_summary":"Cindy and Dennis Lockhart sued Susan Carlyle for the wrongful death of their son, Tyler Lockhart, alleging negligent entrustment of a vehicle to Carlyle's adult son, Richard Gallagher. The trial court granted summary judgment for Carlyle, finding she did not entrust the vehicle. The appellate court affirmed, holding that merely providing financial assistance for a vehicle's purchase, without ownership or control, does not constitute entrustment. The court also rejected a general negligence claim, stating that a parent-adult child relationship alone does not create a duty to protect third parties.","primaryTopic":"negligence","topicSlugs":["negligence","wrongful-death","summary-judgment","auto-accident","civil-procedure"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=141396","detailUrl":"https://ott.law/missouri-courts/opinions/cindy-lockhart-et-al-v-susan-carlyle-d81952","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"car-accidents","label":"Car Accidents","href":"/practice-areas/car-accidents","score":12,"source":"topic","url":"https://ott.law/practice-areas/car-accidents"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"}]},{"caseId":"moappwd:wd82024:2019-04-02","opinionId":"cbb13a97-7570-5996-9ba0-fa7086234dd3","slug":"bryan-keith-martin-and-mary-elizabeth-martin-v-carolyn-summers-et-al-d82024","caseName":"Bryan Keith Martin and Mary Elizabeth Martin\nvs.\nCarolyn Summers, et al","caseNumber":"WD82024","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2019-04-02","year":2019,"display_summary":"Bryan and Mary Martin appealed the dismissal of their petition for declaratory judgment and wrongful death claims concerning Carl Lee DeBrodie. The Martins, who had previously served as DeBrodie's legal guardians and unsuccessfully sought to legally adopt him, argued they were equitable adoptive parents with standing to sue for wrongful death. The appellate court affirmed the dismissal, holding that the doctrine of equitable adoption in Missouri is solely for the benefit of the child and does not confer standing upon alleged equitable parents to bring a wrongful death action.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","civil-procedure","family-law","appellate-procedure"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=138538","detailUrl":"https://ott.law/missouri-courts/opinions/bryan-keith-martin-and-mary-elizabeth-martin-v-carolyn-summers-et-al-d82024","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":18,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"family","label":"Family Law","href":"/practice-areas/family","score":12,"source":"topic","url":"https://ott.law/practice-areas/family"}]},{"caseId":"moappsd:sd35572:2019-03-27","opinionId":"b635fb39-9572-5556-9c1b-391a543f867e","slug":"londa-l-sofia-et-al-plaintiffs-appellants-v-robert-w-dodson-md-et-al-defe-d35572","caseName":"LONDA L. SOFIA, et al., Plaintiffs-Appellants\nvs.\nROBERT W. DODSON, M.D., et al., Defendants-Respondents","caseNumber":"SD35572","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2019-03-27","year":2019,"display_summary":"Londa L. Sofia and others, daughters of Gladys Walker, appealed the trial court's grant of summary judgment to Mercy Hospital Joplin in their wrongful death action. Mercy Hospital argued the action was time-barred and the § 537.100 savings clause was inapplicable. The appellate court reversed and remanded, holding that the original petition was timely filed, the subsequent amended petition omitting Mercy Hospital constituted a nonsuit, and the second amended petition re-adding Mercy Hospital was filed within the one-year savings period.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","civil-procedure","summary-judgment","appellate-procedure"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=138473","detailUrl":"https://ott.law/missouri-courts/opinions/londa-l-sofia-et-al-plaintiffs-appellants-v-robert-w-dodson-md-et-al-defe-d35572","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"mo:sc96704:2019-02-13","opinionId":"3c97030e-2967-53c1-b9f0-c0d25c4c6478","slug":"state-ex-rel-johnson-johnson-and-johnson-johnson-consumer-inc-relators-v-c96704","caseName":"State ex rel. Johnson & Johnson and Johnson & Johnson Consumer, Inc., Relators, vs. The Honorable Rex M. Burlison, Respondent.  \nand \nState ex rel. Imerys Talc America, Inc., Relator, vs. The Honorable Rex M. Burlison, Respondent.","caseNumber":"SC96704","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2019-02-13","year":2019,"display_summary":"Relators Johnson & Johnson and Imerys Talc America, Inc. sought writs of prohibition to prevent the circuit court from taking further action in a multi-plaintiff talc litigation case, arguing improper venue for plaintiff Michael Blaes' claims. The circuit court had overruled motions to sever and transfer Blaes' claims. The Missouri Supreme Court made the preliminary writs of prohibition permanent, holding that permissive joinder under Rule 52.05(a) cannot extend venue to a county where venue would not otherwise be proper for each separate claim, and thus Blaes' claims must be severed and transferred to St. Louis County.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","appellate-procedure","other","negligence","wrongful-death"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=136816","detailUrl":"https://ott.law/missouri-courts/opinions/state-ex-rel-johnson-johnson-and-johnson-johnson-consumer-inc-relators-v-c96704","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappsd:sd35233:2019-01-09","opinionId":"6b727892-5391-5e8d-bd81-52fe9690df3d","slug":"esther-a-wilson-alec-wilson-and-esther-a-wilson-as-personal-representativ-d35233","caseName":"ESTHER A. WILSON, ALEC WILSON and ESTHER A. WILSON, as Personal Representative of the Estate of KELLI A. WILSON, deceased, Plaintiffs-Appellants\nvs.\nNEW PRIME, INC., Defendant-Respondent","caseNumber":"SD35233","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2019-01-09","year":2019,"display_summary":"Esther A. Wilson and Alec Wilson, individually and as personal representative of Kelli A. Wilson's estate, appealed the dismissal of their wrongful death petition against New Prime, Inc. The trial court dismissed the petition, finding that non-party tortfeasors were necessary parties under Missouri law. The appellate court reversed and remanded, holding that Oklahoma substantive law applied to the wrongful death claim, and under Oklahoma law, a defendant can predicate its defense on a non-party's negligence, thus making dismissal for non-joinder improper.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","appellate-procedure","other","wrongful-death"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=135493","detailUrl":"https://ott.law/missouri-courts/opinions/esther-a-wilson-alec-wilson-and-esther-a-wilson-as-personal-representativ-d35233","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":16,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd81547:2018-12-18","opinionId":"64912b95-f6da-5fc5-88e8-4ac1cf2f35aa","slug":"wanda-l-king-v-george-b-sorensen-d81547","caseName":"Wanda L. King\nvs.\nGeorge B. Sorensen","caseNumber":"WD81547","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2018-12-18","year":2018,"display_summary":"Wanda King, individually and as plaintiff ad litem, sued George B. Sorensen, M.D., and Saint Luke's Physician Specialists for wrongful death and lost chance of recovery. After a jury verdict for the defendants, the trial court granted King's motion for a new trial on remand from a prior appeal. Sorensen and Saint Luke's appealed the order granting a new trial. The appellate court dismissed the appeal, holding that the notice of appeal was untimely because an order granting a new trial is an interlocutory order that becomes final for appeal purposes when entered, and Rule 81.05(a) does not apply to delay its finality.","primaryTopic":"appellate-procedure","topicSlugs":["appellate-procedure","civil-procedure","wrongful-death"],"outcomeNorm":"dismissed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=134434","detailUrl":"https://ott.law/missouri-courts/opinions/wanda-l-king-v-george-b-sorensen-d81547","relatedPracticeAreas":[{"slug":"criminal-law","label":"Criminal Law","href":"/practice-areas/criminal-law","score":20,"source":"tag","url":"https://ott.law/practice-areas/criminal-law"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd80565:2018-08-21","opinionId":"d65580fa-302c-5664-826f-360d3b3f3b2f","slug":"lori-kissinger-roger-kitchen-and-the-estate-of-megan-elizabeth-kitchen-de-d80565","caseName":"Lori Kissinger, Roger Kitchen and The Estate of Megan Elizabeth Kitchen, Deceased\nvs.\nAmerican Family Mutual Insurance Company and American Standard Insurance Company of Wisconsin","caseNumber":"WD80565","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2018-08-21","year":2018,"display_summary":"Roger Kitchen and Lori Kissinger, divorced parents of Megan Kitchen who died in a car accident, sought underinsured motorist (UIM) and medical expense coverage from their respective insurance policies. The trial court issued a declaratory judgment regarding the stacking and reduction of these coverages under Illinois law for Kitchen's policies and Missouri law for Kissinger's policies. The appellate court affirmed the trial court's findings for Kitchen's Illinois policies, concluding that UIM and medical expense coverages do not stack and UIM coverage is reduced by the full liability payment. For Kissinger's Missouri policies, the court reversed the finding that UIM coverage stacks, but affirmed that medical expense coverage stacks and UIM coverage is not reduced by the liability payment.","primaryTopic":"insurance","topicSlugs":["insurance","civil-procedure","appellate-procedure","auto-accident","wrongful-death"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=131115","detailUrl":"https://ott.law/missouri-courts/opinions/lori-kissinger-roger-kitchen-and-the-estate-of-megan-elizabeth-kitchen-de-d80565","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":18,"source":"topic","url":"https://ott.law/practice-areas/insurance-bad-faith"},{"slug":"car-accidents","label":"Car Accidents","href":"/practice-areas/car-accidents","score":12,"source":"topic","url":"https://ott.law/practice-areas/car-accidents"}]},{"caseId":"moappwd:parent-126834","opinionId":"35ed9da6-9678-5a49-9c2c-e917fbbf28dd","slug":"sally-boland-sherri-lynn-harper-david-c-gann-jennirae-littrell-and-helen-d80928","caseName":"Sally Boland, Sherri Lynn Harper, David C. Gann, Jennirae Littrell, and Helen Pittman\nvs.\nSaint Luke's Health System, Inc.; Saint Luke's Hospital of Chillicothe f/k/a The Grand River Health System Corporation d/b/a Hedrick Medical Center; and Community Health Group f/k/a Health Midwest","caseNumber":"WD80928","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2018-06-19","year":2018,"display_summary":"Appellants, relatives of decedents, sued Saint Luke's Health System for fraud, alleging the Hospital concealed the true nature of the deaths, which prevented them from timely filing wrongful death claims. The trial court granted summary judgment for the Hospital, finding the claims barred by res judicata and the statute of limitations. The appellate court reversed, holding that the fraud claims did not accrue until the Missouri Supreme Court's decision in Boland I, which established the harm by barring their wrongful death claims, thus neither res judicata nor the statute of limitations applied.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","summary-judgment","other","appellate-procedure","wrongful-death"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=126834","detailUrl":"https://ott.law/missouri-courts/opinions/sally-boland-sherri-lynn-harper-david-c-gann-jennirae-littrell-and-helen-d80928","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":16,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed105779:2018-05-29","opinionId":"681b73b0-91e9-5797-924c-69062784aeef","slug":"timothy-hill-appellant-v-ssm-health-care-st-louis-respondent-105779","caseName":"Timothy Hill, Appellant, vs. SSM Health Care St. Louis, Respondent.","caseNumber":"ED105779","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2018-05-29","year":2018,"display_summary":"Timothy Hill appealed from a jury verdict in favor of SSM Health Care St. Louis in his wrongful death claim, which stemmed from his father's fall at an SSM facility. Hill alleged that SSM improperly destroyed surveillance video of the incident. The appellate court reversed the trial court's judgment and remanded for a new trial, finding that the trial court erred by denying Hill's motion for an adverse inference under the spoliation doctrine and by overruling his objection to SSM's misstatement of law during closing arguments regarding spoliation.","primaryTopic":"evidence","topicSlugs":["evidence","civil-procedure","wrongful-death","appellate-procedure","jury-instructions"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=127175","detailUrl":"https://ott.law/missouri-courts/opinions/timothy-hill-appellant-v-ssm-health-care-st-louis-respondent-105779","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd79994:2018-05-29","opinionId":"f7ea251c-949a-575e-8165-84e9ef89a688","slug":"shelly-denise-mansil-personal-representative-of-the-estate-of-johnna-hugh-d79994","caseName":"Shelly Denise Mansil, Personal Representative of the Estate of Johnna Hughes, Deceased\nvs.\nMidwest Emergency Medical Services, P.C. and Brandie a. Niedens, M.D.","caseNumber":"WD79994","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2018-05-29","year":2018,"display_summary":"Shelly Denise Mansil, as personal representative of Johnna Hughes's estate, sued Midwest Emergency Medical Services and Dr. Brandie Niedens for the wrongful death of Hughes's baby, alleging medical negligence. After a jury verdict for the plaintiff, the defendants appealed the trial court's denial of their motion for new trial, which challenged the admission of expert testimony on pecuniary losses. The appellate court affirmed, finding that the expert's testimony regarding damages under RSMo 537.090 met foundational requirements and its weight was properly left to the jury.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","evidence","civil-procedure","appellate-procedure","negligence"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=125793","detailUrl":"https://ott.law/missouri-courts/opinions/shelly-denise-mansil-personal-representative-of-the-estate-of-johnna-hugh-d79994","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"mo:sc96195:2018-05-22","opinionId":"bd11b5fe-27d4-5737-9c9f-93e8413855c4","slug":"sherry-spence-respondent-v-bnsf-railway-company-appellant-c96195","caseName":"Sherry Spence, Respondent, vs. BNSF Railway Company, Appellant.","caseNumber":"SC96195","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2018-05-22","year":2018,"display_summary":"Sherry Spence sued BNSF Railway Company for the wrongful death of her husband, who was killed when a train struck his truck. A jury found BNSF negligent for failing to trim vegetation and for its train crew's actions, awarding Spence $20 million. BNSF appealed, arguing the trial court erred in denying a new trial based on juror nondisclosure, improper jury instructions, and denial of a mistrial during opening statements. The Missouri Supreme Court affirmed the judgment, finding BNSF waived its juror nondisclosure claim and that the jury instructions and denial of mistrial were proper.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","appellate-procedure","jury-instructions","wrongful-death"],"outcomeNorm":"unknown","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=125739","detailUrl":"https://ott.law/missouri-courts/opinions/sherry-spence-respondent-v-bnsf-railway-company-appellant-c96195","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappd:ed105973:2018-05-22","opinionId":"c78dbf5e-bb02-57b9-8428-c12ba55542a0","slug":"judith-britton-appellant-v-city-of-st-louis-respondent-105973","caseName":"Judith Britton, Appellant, vs. City of St. Louis, Respondent.","caseNumber":"ED105973","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2018-05-22","year":2018,"display_summary":"Judith Britton sued the City of St. Louis for wrongful death after her husband was killed by a negligent driver at a bus stop, alleging a dangerous condition of the City's property. The trial court dismissed her petition for failure to state a claim, concluding the driver's negligence was the sole cause. The Eastern District reversed and remanded, holding that Britton sufficiently pleaded a claim under the dangerous condition exception to sovereign immunity, and that an intervening negligent driver does not necessarily preclude a finding of proximate cause at the pleading stage.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","wrongful-death","civil-procedure","negligence"],"outcomeNorm":"mixed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=125678","detailUrl":"https://ott.law/missouri-courts/opinions/judith-britton-appellant-v-city-of-st-louis-respondent-105973","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd80670:2018-04-17","opinionId":"4063d03b-ac59-558e-87b4-831436dab20a","slug":"david-stichler-heir-at-law-of-mickey-stichler-and-as-heir-at-law-of-unbor-d80670","caseName":"David Stichler, Heir at Law of Mickey Stichler and as Heir at Law of\nUnborn Child of Mickey Stichler\nvs.\nChaz David Jesiolowski and Fang-Piau Kao","caseNumber":"WD80670","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2018-04-17","year":2018,"display_summary":"David Stichler, father of Mickey Stichler, appealed the dismissal of his wrongful death petition for his unborn grandchild and the approval of a settlement between the alleged father, Jesiolowski, and Kao. The trial court determined Jesiolowski was the natural father, thus granting him standing to bring the claim and denying Stichler's request to be appointed plaintiff ad litem. The appellate court affirmed, holding that Stichler lacked standing to bring the wrongful death claim and to appeal the settlement as he was not a proper party to the action.","primaryTopic":"wrongful-death","topicSlugs":["wrongful-death","civil-procedure","appellate-procedure","family-law","auto-accident"],"outcomeNorm":"dismissed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=124676","detailUrl":"https://ott.law/missouri-courts/opinions/david-stichler-heir-at-law-of-mickey-stichler-and-as-heir-at-law-of-unbor-d80670","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":16,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"car-accidents","label":"Car Accidents","href":"/practice-areas/car-accidents","score":12,"source":"topic","url":"https://ott.law/practice-areas/car-accidents"}]},{"caseId":"mo:sc95858:2018-04-03","opinionId":"c6a04aae-25e0-5837-8c9e-8aaa1e79b72c","slug":"state-ex-rel-dr-patrick-goldsworthy-dr-aston-goldsworthy-dr-patrick-golds-c95858","caseName":"State ex rel. Dr. Patrick Goldsworthy, Dr. Aston Goldsworthy, Dr. Patrick Goldsworthy D.C., P.C., Relators, vs. The Honorable James F. Kanatzar, Respondent.","caseNumber":"SC95858","court":"mo","courtLabel":"Supreme Court of Missouri","decisionDate":"2018-04-03","year":2018,"display_summary":"Relators, Dr. Patrick Goldsworthy, Dr. Aston Goldsworthy, and Patrick Goldsworthy D.C., P.C., sought a writ of prohibition to dismiss a wrongful death suit as time-barred. The plaintiffs had filed a third action after two previous nonsuits, attempting to utilize the savings provision of section 537.100. The Missouri Supreme Court made the preliminary writ of prohibition permanent, holding that the savings provision allows only one one-year refiling period following the nonsuit of an action originally filed within the statute of limitations, not successive refiling periods.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","wrongful-death","appellate-procedure","other"],"outcomeNorm":"dismissed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=124305","detailUrl":"https://ott.law/missouri-courts/opinions/state-ex-rel-dr-patrick-goldsworthy-dr-aston-goldsworthy-dr-patrick-golds-c95858","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd86465:undated","opinionId":"2deaac52-a3ef-54ec-b8a6-f553da7482fc","slug":"tabitha-holt-v-zx-international-inc-d86465","caseName":"Tabitha Holt\nvs.\nZX International, INC.","caseNumber":"WD86465","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":null,"year":2024,"display_summary":"ZX International, Inc. appealed the trial court's denial of its Rule 74.06(b) motion for relief from a default judgment in a wrongful death lawsuit. The default judgment had awarded damages to both the Mother and Father of the deceased, despite Father not being expressly named as a party in the initial filing. The appellate court dismissed the appeal, finding it moot as to Mother due to a settlement, and dismissing it as to Father because ZX International failed to provide him or his successors in interest with notice of the motion or the appeal, thereby violating his due process rights.","primaryTopic":"appellate-procedure","topicSlugs":["appellate-procedure","civil-procedure","other","wrongful-death"],"outcomeNorm":"dismissed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=207415","detailUrl":"https://ott.law/missouri-courts/opinions/tabitha-holt-v-zx-international-inc-d86465","relatedPracticeAreas":[{"slug":"real-estate","label":"Real Estate","href":"/practice-areas/real-estate","score":20,"source":"tag","url":"https://ott.law/practice-areas/real-estate"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]},{"caseId":"moappwd:wd86442:undated","opinionId":"aea9d821-27d4-5b76-ad4d-953b5e654c0d","slug":"jeromy-mccrackin-v-tynan-mullen-and-safeco-insurance-company-of-america-d86442","caseName":"Jeromy McCrackin\nvs.\nTynan Mullen and Safeco Insurance Company of America","caseNumber":"WD86442","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":null,"year":2024,"display_summary":"Safeco Insurance Company of America appealed the denial of its motion to intervene and motion to stay in a wrongful death action filed by Jeromy McCrackin and Erica Robinson against Tynan Mullen. Safeco sought to intervene to stay the wrongful death proceedings pending a federal declaratory judgment action on its duty to defend or indemnify Mullen under a homeowner's policy. The Western District of the Missouri Court of Appeals affirmed the trial court's denial, holding that an insurer lacks a direct interest for intervention as of right and that the trial court did not abuse its discretion in denying the stay. The court explicitly stated it would no longer follow prior precedent that suggested a limited right for insurers to intervene solely to seek a stay.","primaryTopic":"civil-procedure","topicSlugs":["civil-procedure","insurance","appellate-procedure","wrongful-death","standard-of-review"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=206856","detailUrl":"https://ott.law/missouri-courts/opinions/jeromy-mccrackin-v-tynan-mullen-and-safeco-insurance-company-of-america-d86442","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":16,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"insurance-bad-faith","label":"Insurance Bad Faith","href":"/practice-areas/insurance-bad-faith","score":12,"source":"topic","url":"https://ott.law/practice-areas/insurance-bad-faith"}]},{"caseId":"moappwd:wd87823:undated","opinionId":"e27b92ee-a613-52da-acdc-8a7d668e49b4","slug":"antonique-james-v-the-school-district-of-kansas-city-33-et-al-d87823","caseName":"An'Tonique James\nvs.\nThe School District of Kansas City 33, et al.","caseNumber":"WD87823","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":null,"year":2025,"display_summary":"An'Tonique James, mother of a minor fatally shot outside Central High School, sued individual Kansas City Public School officials, the Kansas City Board of Police Commissioners (BOPC), and two Kansas City Police Department officers for wrongful death. The circuit court granted summary judgment or judgment on the pleadings to all defendants, concluding they were entitled to sovereign or official immunity. The appellate court affirmed, holding that James failed to prove the BOPC waived sovereign immunity and that the individual defendants' actions were discretionary, not ministerial, and lacked evidence of bad faith or malice, thus entitling them to official immunity.","primaryTopic":"governmental-immunity","topicSlugs":["governmental-immunity","civil-procedure","summary-judgment","wrongful-death","negligence"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=228557","detailUrl":"https://ott.law/missouri-courts/opinions/antonique-james-v-the-school-district-of-kansas-city-33-et-al-d87823","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"wrongful-death","label":"Wrongful Death","href":"/practice-areas/wrongful-death","score":12,"source":"topic","url":"https://ott.law/practice-areas/wrongful-death"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}]}]}