Supreme Court of Missouri / Feb 24, 2026
Christopher Hanshaw sued Crown Equipment Corporation, alleging a forklift was defectively designed and caused his injuries. The circuit court excluded Hanshaw's expert witness, finding his testimony lacked reliable methodology, and subsequently granted summary judgment for Crown Equipment. The appellate court affirmed, concluding that the circuit court did not abuse its discretion in excluding the expert, and without that testimony, no genuine issue of material fact remained to preclude summary judgment.
Missouri Court of Appeals, Western District / Jul 1, 2025
Rose Howland sued Truman Medical Center, alleging co-workers improperly accessed her patient records, discovered her COVID-19 vaccination status, and subsequently harassed and demoted her, forcing her resignation. The trial court dismissed most claims for lack of standing and a negligence per se claim for failure to state a claim. The appellate court reversed the dismissal of Howland's claims for breach of fiduciary duty, breach of implied contract, negligence, and negligent training and supervision, concluding she had sufficiently alleged standing. However, the court affirmed the dismissal of the negligence per se claim, holding that HIPAA and HITECH do not provide a private right of action. The case was remanded for further proceedings.
Missouri Court of Appeals, Eastern District / Jun 24, 2025
Mark and Karen McCostlin appealed the trial court's grant of a directed verdict in favor of Monsanto Company in their strict liability and negligence action, alleging Mr. McCostlin's exposure to Roundup caused his non-Hodgkin's Lymphoma. The McCostlins contended their expert testimony established a submissible case on causation, the trial court misinterpreted evidence, and erred in denying a motion to recall an expert and sustaining an objection during redirect. The appellate court affirmed the trial court's judgment, holding that the McCostlins' causation expert failed to demonstrate a causal connection, and the trial court did not err in its procedural and evidentiary rulings.
Missouri Court of Appeals, Eastern District / Jun 17, 2025
Kyle D. Becker sued Thomas M. Schenk for personal injuries sustained during an amateur ice hockey game, specifically a broken wrist. The circuit court granted summary judgment for Schenk, concluding Becker had assumed the risk of injury. The Missouri Court of Appeals, Eastern District, affirmed the judgment, holding that Becker expressly assumed the risk of breaking a bone by signing a clear and unambiguous liability waiver. The court also found that Becker impliedly assumed the inherent risks of playing ice hockey.
Missouri Court of Appeals, Western District / Apr 1, 2025
Christopher Hanshaw sued Crown Equipment Corporation after a forklift accident resulted in the amputation of his leg, alleging defective design. The circuit court excluded Hanshaw's expert witness, finding him unqualified and his opinions unreliable, and subsequently granted summary judgment to Crown. The appellate court reversed, concluding that the expert was qualified and his opinions regarding the lack of a door as a design defect were reliable. The case was remanded for further proceedings on Hanshaw's product defect claims.
Supreme Court of Missouri / Mar 18, 2025
The Department of Natural Resources sought a writ of prohibition to bar the circuit court from proceeding with a personal injury claim filed by Scott Frey, who was injured while biking on the Katy Trail. The circuit court had denied the department's motion for summary judgment, which asserted immunity under the Recreational Use Act. The Supreme Court of Missouri made its preliminary writ of prohibition permanent, holding that the Recreational Use Act protects the department from liability. The Court found that the department met the Act's immunity requirements and that no exceptions, including those for gross negligence or ultrahazardous conditions, applied. It also rejected the argument that the department could be held vicariously liable for its employees' actions, as employees acting on behalf of a landowner share the landowner's immunity regarding land conditions.
Missouri Court of Appeals, Eastern District / Mar 4, 2025
Rochelle Ameer appealed the dismissal of her product liability and negligence claims against Lyft, Inc., after her son, a Lyft driver, was killed during a carjacking initiated through the Lyft App. The trial court had dismissed the claims for failure to state a cause of action, finding the App was not a product and no duty existed. The appellate court reversed, holding that a mobile ridesharing application can be considered a product for product liability purposes and that the petition adequately alleged Lyft's duty to protect against third-party criminal acts, remanding for further proceedings.
Supreme Court of Missouri / Feb 28, 2025
D.J., a fourth-grader, was struck by a hit-and-run driver after being dropped off by a First Student, Inc. bus at an intersection. D.J. sued First Student, alleging negligence for failing to provide the substitute bus driver with the correct route information, which resulted in D.J. being dropped off at an unsafe location. The jury found in favor of D.J. on this claim, but the Supreme Court of Missouri vacated the judgment, holding that the criminal act of the third-party driver was an intervening and superseding cause, breaking the chain of proximate causation.
Missouri Court of Appeals, Eastern District / Feb 18, 2025
Appellant Joanne Knight filed a wrongful death claim against Dr. Huilin Li, Dr. Sam Bishara, and St. Louis Cardiology Consultants, Ltd. (SLCC) following her husband's death from cardiac arrest. The trial court granted summary judgment for all respondents, striking Knight's expert witness against Dr. Li and finding no physician-patient relationship with Dr. Bishara and SLCC. The appellate court reversed and remanded, holding that the trial court abused its discretion in striking the expert and that material questions of fact remained regarding the physician-patient relationship.
Missouri Court of Appeals, Eastern District / Feb 11, 2025
John L. Durnell sued Monsanto Company, alleging that exposure to Roundup caused his non-Hodgkin's lymphoma, asserting claims including strict liability failure to warn. A jury found in favor of Durnell on the strict liability failure to warn claim, awarding $1.25 million in compensatory damages. Monsanto appealed, arguing that Durnell's claim was both expressly and impliedly preempted by federal law. The appellate court affirmed the trial court's judgment, holding that the state-law claim was not preempted by FIFRA.
Missouri Court of Appeals, Eastern District / Dec 10, 2024
Douglas Overfield, a locomotive engineer, sued BNSF Railway Company under the Federal Employers' Liability Act (FELA) for injuries sustained when his reflective vest snagged on a door handle. A jury awarded Overfield $2.75 million. BNSF appealed, arguing the verdict director was improper due to disjunctive bases lacking substantial evidence and constituting a roving commission, and that the trial court erred in refusing a withdrawal instruction. The appellate court affirmed the trial court's judgment, finding no instructional error as the verdict director was supported by substantial evidence and was not a roving commission, and the withdrawal instruction was properly refused.
Missouri Court of Appeals, Eastern District / Dec 3, 2024
Sharlean Gordon sued Monsanto Company, alleging that her prolonged exposure to Roundup and its ingredient glyphosate caused her to develop non-Hodgkin's lymphoma, asserting claims of strict liability product defect, strict liability failure to warn, and negligence. Following a jury verdict in favor of Monsanto, and the trial court's denial of Gordon's motion for a new trial, Gordon appealed. The Eastern District of Missouri affirmed the judgment, finding no reversible error in the trial court's evidentiary rulings regarding the exclusion of a scientific publication, the restriction of expert testimony, or the admission of foreign regulatory documents.
Missouri Court of Appeals, Southern District / Oct 3, 2024
Plaintiff Tyler Pendergraft sued James Rhett Mason and Jace Mason for assault and battery, alleging separate injuries caused by each defendant. The jury returned separate verdicts with different damage awards against each defendant. Defendants moved to amend the judgment to merge the verdicts, arguing a double recovery, but the trial court denied the motion. The appellate court affirmed, holding that the merger doctrine did not apply because the jury awarded damages for separate claims based on different conduct causing different injuries.
Missouri Court of Appeals, Eastern District / Sep 3, 2024
Stacey Moore sued Monsanto Company, alleging that his exposure to Roundup caused non-Hodgkin's Lymphoma. After a jury returned a verdict for Monsanto, Moore appealed, asserting the circuit court erred by excluding his expert witness, overruling his motion for a new trial based on Monsanto's opening statement, and failing to strike a venireperson for cause. The Missouri Court of Appeals, Eastern District, affirmed the circuit court's judgment, finding no abuse of discretion in any of the challenged rulings.
Missouri Court of Appeals, Eastern District / Aug 20, 2024
Amy Winget appealed the dismissal of her personal injury claims against K&S Associates and Horner & Shifrin. The trial court dismissed her refiled petition, which alleged negligence in the design and construction of chemical storage facilities, on grounds including the statute of limitations and savings statute. The appellate court affirmed, holding that the one-year savings statute began to run when Winget filed her voluntary dismissal, not when the trial court entered its dismissal order, thus rendering her refiled suit time-barred.
Missouri Court of Appeals, Southern District / Aug 12, 2024
Appellants Brantley Atchley and Becky Jo Tittle, survivors of Kayla Atchley, appealed the grant of summary judgment in favor of Apex Paving Company. Their negligence claim alleged that a shoulder drop-off on Highway 153 caused their daughter's fatal car accident, and Apex owed a common law duty to keep the roadway safe. The appellate court affirmed the summary judgment, finding that Apex had no common law duty as it had not yet mobilized to the site or performed any work in the area of the alleged defect. The court also denied the argument that summary judgment improperly limited the Appellants' theory of the case.
Missouri Court of Appeals, Eastern District / Jul 16, 2024
Andrew Wilkinson sued Stanley Fastening Systems, L.P. for products liability after a pneumatic stapler manufactured by Stanley fired and struck him in the eye, leading to its surgical removal. The trial court entered judgment following a jury verdict for Wilkinson, awarding $11 million in noneconomic damages. Stanley appealed, arguing the trial court erred by not granting a mistrial after Wilkinson's counsel repeatedly referred to Stanley as a "billion-dollar company" in violation of an order in limine. The appellate court reversed the judgment and remanded for a new trial, finding the trial court abused its discretion because the improper statements were not cured and prejudiced the outcome, as evidenced by the large verdict.
Missouri Court of Appeals, Southern District / Jul 10, 2024
Gregory Frost sued PCRMC Medical Group, alleging negligence in his opioid treatment led to addiction. A jury awarded Frost compensatory and punitive damages. On appeal, Medical Group challenged the application of the statute of limitations, the admissibility of certain evidence, the negligence verdict director, and the sufficiency of evidence for punitive damages. The appellate court affirmed the judgment for actual damages but reversed the punitive damages award, remanding the case for an amended judgment.
Missouri Court of Appeals, Eastern District / Jun 25, 2024
D.J., a child, was struck by a passing car after exiting a school bus operated by First Student, Inc. The jury found First Student directly negligent for failing to provide its substitute driver with sufficient route information, awarding D.J. $1.3 million, but found for First Student and the driver on a claim regarding a reasonably safe drop-off location. First Student appealed the denial of its motion for judgment notwithstanding the verdict. The appellate court affirmed, concluding that First Student owed an independent duty to provide route information, the passing car's actions were a foreseeable contributing cause, and neither the McGinnis doctrine nor the McHaffie rule precluded liability.
Missouri Court of Appeals, Eastern District / Jun 25, 2024
Melissa Moody sued Dynamic Fitness Management, Ltd. (DFM) for negligence after she sustained a herniated disc while performing a push press during a group weightlifting class. A jury found DFM 30% at fault, awarding Moody $1 million in damages. DFM appealed, arguing that Moody's claim was barred by the doctrine of implied primary assumption of the risk. The appellate court reversed the judgment, holding that the risk of injury was inherent to the activity and known to Moody, and DFM did not increase that inherent risk.
Missouri Court of Appeals, Western District / Jun 18, 2024
Katherine O'Haver sued 3M Company, alleging negligent and defective design, manufacturing, and marketing of its Bair Hugger patient warming system, which she claimed caused a periprosthetic joint infection after knee surgery. Following a jury verdict for 3M, O'Haver appealed, raising nine points concerning evidentiary and discovery rulings. The appellate court affirmed the trial court's judgment, finding no error, primarily due to O'Haver's failure to preserve issues through offers of proof or demonstrate prejudice, and upholding the trial court's discretion regarding discovery and expert testimony limitations.
Missouri Court of Appeals, Eastern District / May 21, 2024
Cherise Brock sued Dr. Rishad Shaikh for negligence after sustaining a permanent lingual nerve injury following a wisdom tooth extraction. The jury returned a verdict in favor of Dr. Shaikh. On appeal, Brock argued the trial court erred by allowing Dr. Shaikh's expert to testify on redirect regarding a post-operative X-ray and by denying cross-examination of Dr. Shaikh with a previous patient's medical records. The appellate court affirmed the trial court's judgment, finding no abuse of discretion on either point.
Missouri Court of Appeals, Eastern District / May 14, 2024
Phyllis Ragsdale and Larry Ragsdale sued Chris D. Charlton, D.C. and Charlton Chiropractic, LLC, alleging medical malpractice after Phyllis suffered three broken ribs during a spinal adjustment. The circuit court granted summary judgment for Charlton, finding Ragsdale failed to demonstrate negligence or causation. The appellate court reversed the summary judgment, concluding that genuine issues of material fact existed regarding whether Charlton's treatment was negligent and caused Ragsdale's injuries, based on expert testimony.
Missouri Court of Appeals, Eastern District / Apr 30, 2024
Jimmie Sue and John Marchbank sued Dr. Amit Chakrabarty for medical negligence after Jimmie Sue suffered a permanent colostomy following a vaginal prolapse repair surgery. The jury returned a verdict for Dr. Chakrabarty, and the circuit court entered judgment. On appeal, the Marchbanks argued the circuit court erred by excluding evidence of Dr. Chakrabarty's prior disciplinary record, which they sought to use for impeachment when he testified as a non-retained expert. The appellate court reversed the judgment and remanded the case, holding that the exclusion of this impeachment evidence was an abuse of discretion and prejudicial error.
Missouri Court of Appeals, Eastern District / Apr 16, 2024
Candace Love, as personal representative of her deceased son Casey Redmond's estate, sued Osage Marine Services, Inc. under the Jones Act for Redmond's death while working on a tugboat. Osage Marine admitted liability, and a jury awarded Love $15 million in damages. On appeal, Osage Marine challenged the submissibility of damages for conscious pain and suffering and loss of support, the denial of remittitur, the admission of certain evidence, a jury instruction, and the entry of judgment despite a federal injunction. The appellate court affirmed the trial court's judgment, finding sufficient evidence for the damages claims and denying the remaining points on procedural grounds.
Missouri Court of Appeals, Eastern District / Feb 20, 2024
Michael and Jane Megown appealed the trial court's allocation of settlement funds to their insurer, Auto Club Family Insurance Company, as subrogee, from a settlement with a third-party tortfeasor. The Megowns argued that subrogation of personal injury claims is prohibited, and their settlement included such claims. The appellate court affirmed the trial court's judgment, holding that the trial court properly allocated the settlement funds, respecting the ban on personal injury subrogation while allowing the property damage subrogation.
Supreme Court of Missouri / Jan 30, 2024
Dane Templeton sued Dr. Charles Orth and Orthopedic Surgeons Inc. for medical malpractice, alleging negligence in treatment. The circuit court granted summary judgment for Dr. Orth, finding Templeton's action was time-barred by the two-year statute of limitations. The Missouri Supreme Court affirmed, holding that Templeton's actions of seeking an alternative treatment plan and discontinuing Dr. Orth's prescribed antibiotics without consultation terminated the physician-patient relationship, thus ending the continuing care tolling doctrine before the lawsuit was filed.
Missouri Court of Appeals, Eastern District / Jan 23, 2024
Patricia Anslinger sued Christian Hospital Northeast-Northwest for personal injuries sustained after she tripped on a rubber floor mat in the hospital's vestibule. A jury found the Hospital liable, and the trial court denied the Hospital's motions for directed verdict and judgment notwithstanding the verdict, which argued the condition was open and obvious as a matter of law. The appellate court affirmed the judgment, concluding that the floor mat's condition was not open and obvious as a matter of law and that the plaintiff presented a submissible case.
Missouri Court of Appeals, Eastern District / Oct 31, 2023
Daniel Crowder sued Ingram Barge Company, LLC, his employer, for negligence under the Jones Act, unseaworthiness, maintenance, and cure after sustaining a knee injury while working on a vessel. A jury awarded Crowder damages, which the trial court reduced based on assessed comparative fault. Ingram appealed, challenging the admissibility of Crowder's economic expert testimony and the denial of its motion for remittitur. The appellate court affirmed the trial court's judgment, finding no abuse of discretion in admitting the expert testimony or denying remittitur.
Missouri Court of Appeals, Eastern District / Sep 19, 2023
Z.S., through his next friend, P.S., appealed the summary judgment granted in favor of Rockwood School District. Z.S. sought damages for personal injuries sustained when he collided with a gymnasium wall during a physical education class, alleging the wall was a dangerous condition. The appellate court affirmed the summary judgment, holding that Z.S. failed to establish the gymnasium wall was in a dangerous condition sufficient to waive the District's sovereign immunity.