Missouri Court of Appeals, Southern District / Aug 23, 2021
MICHAEL MOORE, PAULA ROBERTSON, and NANCY SALZMAN, Appellants vs. SCROLL COMPRESSORS, LLC, and EMERSON ELECTRIC CO., Respondents
Appellants, former employees of Respondents, sought class certification and medical monitoring for alleged lung impairment from exposure to metalworking fluids. The circuit court denied class certification and granted summary judgment for Respondents. The appellate court affirmed, holding that the trial court did not abuse its discretion in denying class certification due to lack of typicality and superiority, given the nature of the alleged present injuries. The court also affirmed summary judgment on the underlying tort claims because Appellants failed to identify material facts, and reiterated that medical monitoring is not a standalone cause of action in Missouri.