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Missouri Case Party

Joseph G. Schwermer, and Joshua R. Elam Missouri Cases

This party appears in the Ott Law Firm Missouri court opinion archive. The cases below connect legal research paths to related practice pages when the opinions map to practical client issues.

Party ID
joseph-g-schwermer-and-joshua-r-elam
Cases Shown
1
Top Practice Route
Wrongful Death
Archive note: 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 Missouri slip opinions may be modified or withdrawn; consult the official source. 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.

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Wrongful DeathCivil LitigationPersonal Injury

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Cases Involving Joseph G. Schwermer, and Joshua R. Elam

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Respondent

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.

Wrongful DeathCivil LitigationPersonal Injury