Missouri Court of Appeals, Western District / May 20, 2025
Midwest Trust Co. as Conservator for K.P. vs. United Parcel Service, Inc.
Midwest Trust Co., as conservator for K.P., sued United Parcel Service, Inc. (UPS) for in utero injuries K.P. sustained in a car accident caused by a UPS driver. The jury awarded K.P. $65 million in compensatory damages on a vicarious liability negligence claim, and the circuit court added prejudgment interest. UPS appealed, challenging the admission of evidence regarding the driver's prior cocaine use and the award of prejudgment interest. The appellate court affirmed the judgment, finding no abuse of discretion in the evidentiary ruling and no error in the prejudgment interest award.