Missouri Court of Appeals, Southern District / Mar 7, 2023
STEVEN HARNER, Plaintiff-Respondent v. MERCY HOSPITAL JOPLIN, Defendant-Appellant
Steven Harner sued Mercy Hospital Joplin for negligence after he was shot by Kaylea Liska in the hospital's parking lot. The trial court denied Mercy's motion for judgment notwithstanding the verdict following a jury verdict for Harner. On appeal, Mercy argued Harner failed to make a submissible case under the Known Third Person exception and that the verdict director misstated the law. The appellate court affirmed, holding that Mercy's knowledge of Liska's prior criminal acts on its property was sufficient to trigger a duty, and the jury instruction did not misstate the law.