City of Lee's Summit, Missouri Missouri Cases

Cass County sought a declaratory judgment that it does not own or bear responsibility for a bridge in disrepair, which spans the Raintree Lake Dam. The trial court granted summary judgment for the County, concluding it had conveyed any interest in the bridge to the City of Lee's Summit via a quitclaim deed. On appeal, the City argued the deed was void against public policy and the Missouri Constitution, and that genuine issues of material fact existed regarding offer and acceptance. The appellate court affirmed the summary judgment, finding the deed unambiguously conveyed County's interest and the City's actions demonstrated acceptance, while declining to address the constitutional claim as premature.

Dimple Kelly sued the City of Lee's Summit for wrongful termination under the Missouri Human Rights Act, alleging racial, age, and sex/gender discrimination. The trial court entered judgment for the City after a jury trial. On appeal, Kelly argued that the trial court erred by overruling her objection to the City's modified lawful justification jury instruction (MAI 38.02). The appellate court reversed the judgment and remanded the case for a new trial, finding that the instruction impermissibly modified MAI 38.02 by failing to hypothesize a lawful reason for termination and removing mandatory causation language, thereby prejudicing Kelly.

James K. Sherry sued the City of Lee's Summit for disability discrimination under the Missouri Human Rights Act after his employment was terminated following an E. coli infection and exhaustion of leave. A jury awarded Sherry compensatory damages and attorney fees, but denied front pay. On cross-appeals, Sherry challenged the denial of front pay, while the City challenged the denial of its motions for directed verdict and judgment notwithstanding the verdict, as well as jury instructions and evidentiary rulings. The appellate court affirmed the trial court's judgment in all respects, finding no error in the jury's findings or the trial court's discretionary rulings, and remanded for a determination of appellate attorney fees.