State ex rel. Steve Dowdy and Kierra Dowdy, a Minor, by and through her father and next friend, Steve Dowdy, Relators v. The Honorable Margaret M. Neill and the Honorable Barbara W. Wallace, Respondents.
Decision date: UnknownSC84400
Slip Opinion Notice
This archive contains Missouri appellate slip opinions reproduced for research convenience, not the final official reporter version. Official source links remain authoritative where provided. Joseph Ott, Attorney 67889, Ott Law Firm - Constant Victory - Personal Injury and Litigation maintains these public legal archives to support Missouri case research and to help prospective clients connect that research to the firm's courtroom practice.
Opinion
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion
Case Style: State ex rel. Steve Dowdy and Kierra Dowdy, a Minor, by and through her father and next friend, Steve Dowdy, Relators v. The Honorable Margaret M. Neill and the Honorable Barbara W. Wallace, Respondents. Case Number: SC84400 Handdown Date: 12/10/2002 Appeal From: ORIGINAL PROCEEDING IN MANDAMUS Counsel for Appellant: David L. Steelman, Stephen F. Gaunt and Dale Haralson Counsel for Respondent: William A. Brasher and John H. Marshall Opinion Summary: Steve and Kierra Dowdy filed a wrongful death lawsuit in St. Louis city against Burlington Northern and Santa Fe Railway Company and a codefendant who lives in Franklin County over an accident that occurred in Phelps County. On application by the defendants, the court transferred the case to St. Louis County, where the railroad's registered agent is located. The Dowdys seek relief from this Court. WRIT MADE ABSOLUTE AS MODIFIED. Court en banc holds: For the reasons stated in SC84372, also handed down today, Burlington Northern is a resident of St. Louis city under section 508.010(2), and venue is proper in the city. Citation: Opinion Author: Stephen N. Limbaugh, Jr., Chief Justice Opinion Vote: WRIT MADE ABSOLUTE AS MODIFIED. Wolff, Benton, Stith, Price and Teitelman, JJ., concur. White, J., not participating. Opinion: This is a companion case to State ex rel. Kertz v. Neill, ___ S.W.3d ___ (Mo. banc 2002) (No. SC84372), decided
this day. The question presented is the same: whether Burlington Northern and Santa Fe Railway Company (BSNF) -- one of two defendants in an underlying wrongful death case -- is a resident of St. Louis City under section 508.010(2), the statute on which venue is based. The codefendant is a resident of Franklin County and the action accrued in Phelps County. On application by defendants, respondent ordered the case transferred from St. Louis City, where it was originally filed, to St. Louis County, where BSNF's registered agent is located. For the reasons stated in State ex rel. Kertz v. Neill, this Court holds that BSNF is a resident of St. Louis City under section 508.010(2) and that the case was properly filed in the City. Accordingly, Respondent Wallace, presiding judge of the Circuit Court of St. Louis County, is ordered to transfer the case to the City of St. Louis, and Respondent Neill is ordered to vacate her order transferring the case to St. Louis County and to reinstate the case in St. Louis City. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Related Opinions
AIG Agency, Inc., d/b/a Associated Insurance Group, Appellant, vs. Missouri General Insurance Agency, Inc., Jim Baxendale and Mitch O'Brien, Respondents.(2015)
Missouri Court of Appeals, Eastern DistrictNovember 3, 3015#ED102096
Christopher Hanshaw, Appellant, vs. Crown Equipment Corp., et al., Respondents.(2026)
Supreme Court of MissouriFebruary 24, 2026#SC101091
The court affirmed the circuit court's decision to exclude Hanshaw's expert witness testimony and grant summary judgment to Crown Equipment in a product liability case involving an allegedly defectively designed forklift. The expert's opinions were properly excluded because they were not supported by reliable methodology, as the expert performed no tests and failed to demonstrate how cited research and data supported his conclusions.
Mouna Apperson, f/k/a Nicholas Apperson, Appellant, vs. Natasha Kaminsky, et al., Respondents.(2026)
Supreme Court of MissouriJanuary 23, 2026#SC101020
The court affirmed the directed verdict as to four counts against Norman based on agency but vacated and remanded the defamation counts against Kaminsky and one count against Norman, finding that the circuit court erred in requiring independent evidence of reputational damage beyond the plaintiff's own testimony when the evidence of harm was substantial and directly resulted from the defendants' statements.
K.A.C. by and through, ASHLEY ACOSTA, NEXT FRIEND, and MICHAEL CRITES, JR., Appellants v. MISSOURI STATE HIGHWAY PATROL, ET AL., Respondents(2026)
Missouri Court of Appeals, Southern DistrictJanuary 12, 2026#SD38943
Appellants sought damages for a wrongful death resulting from a motor vehicle collision involving a pursued driver, alleging the Missouri State Highway Patrol's pursuit was negligent and proximately caused the collision. The court affirmed summary judgment for MSHP, finding that Appellants failed to produce sufficient facts demonstrating that MSHP's actions were the proximate cause of the collision, which is a necessary element of their case.
Mark and Sherry Davis, and David and Denise Kamm; Kevin Laughlin vs. City of Kearney, Missouri(2025)
Missouri Court of Appeals, Western DistrictDecember 16, 2025#WD87389