KENNETH D. GILMORE Missouri Cases

Kenneth D. Gilmore sued the Missouri Department of Social Services, Children's Division, for negligence after he was injured when a rocking chair broke during a supervised visit. A jury found in Gilmore's favor, and the trial court reduced the damages award by comparative fault and then applied a statutory cap. The Children's Division appealed, challenging the application of the dangerous condition exception to sovereign immunity, the spoliation inference, the admission of a statement, and the method of applying the statutory cap. The appellate court affirmed the trial court's judgment, finding no merit in any of the Children's Division's points.