Missouri Court of Appeals, Western District / Date unavailable
Kristy Richards vs. The Bunkhouse Bar & Grill, LLC, and The Cincinnati Specialty Underwriters Insurance Company
Kristy Richards filed an equitable garnishment action against The Bunkhouse Bar & Grill, LLC's insurer, Cincinnati Specialty Underwriters Insurance Company, seeking to recover the full $405,000 judgment she received for bodily injury. The underlying judgment was based on the Bunkhouse's common law negligence, while a battery claim against the owner was unsuccessful due to self-defense. The trial court limited Richards' recovery to a $25,000 policy sublimit, finding the assault and battery exclusion applied and the concurrent proximate cause rule did not. The appellate court affirmed, agreeing that the exclusion applied because Richards' injuries arose from an assault and battery, and the Bunkhouse's negligence was not an independent cause for the concurrent proximate cause rule to apply.