Elizabeth Butala, et al Missouri Cases

Mizzou BioJoint patients sued the Curators of the University of Missouri for injuries from unsuccessful surgeries, alleging negligent misrepresentation and Missouri Merchandising Practices Act violations. The circuit court dismissed the Curators and certified the judgments as final under Rule 74.01(b), but the court of appeals dismissed the appeals for lack of jurisdiction. The Missouri Supreme Court retransferred the case, holding that the circuit court's orders were eligible for certification as final judgments because they resolved all claims against the Curators. The Court also found no abuse of discretion in the certification, sending the case back to the court of appeals for a decision on the merits.

Appellants, patients and their spouses, sued The Curators of the University of Missouri and individual doctors for medical malpractice and violations of the Missouri Merchandising Practices Act related to Mizzou BioJoint Surgery. The trial court dismissed Curators with prejudice and certified the dismissal as a final judgment for immediate appeal, while claims against the individual doctors remained pending. The appellate court dismissed the consolidated appeal for lack of jurisdiction, holding that the trial court's ruling was not a "final judgment" under section 512.020(5) because it did not fully resolve at least one claim, as identical claims against other defendants remained pending.