Missouri Court of Appeals, Western District / Nov 25, 2025
Tina Hursman sued the City of Sedalia for injuries sustained after falling on a city sidewalk. The circuit court granted summary judgment for the City, finding the sidewalk was not a dangerous condition and was open and obvious. The appellate court reversed and remanded, holding that genuine issues of material fact existed regarding whether the sidewalk constituted a dangerous condition, whether it was open and obvious, and whether the step caused Hursman's fall or the City had notice of the condition.
Missouri Court of Appeals, Eastern District / Mar 25, 2025
Plaintiffs, who were injured when a motorist drove into a Starbucks storefront, sued Keat Properties, LLC, McKnight Investors, LLC, and Starbucks Corporation for negligence and premises liability. The circuit court granted summary judgment for the defendants. On appeal, the Eastern District affirmed, holding that the defendants owed no duty to protect invitees from unforeseeable third-party negligence, as a single prior incident ten years earlier was not sufficiently numerous or recent to establish foreseeability. The court also found that the parking lot's configuration did not, by itself, constitute a dangerous condition.
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, Southern District / Feb 20, 2025
The Springfield R-XII School District sought a writ of mandamus after the trial court denied its motion to dismiss a lawsuit brought by a minor plaintiff alleging sexual assault on school premises. The plaintiff claimed the lack of surveillance cameras in a "blind spot" stairwell constituted a dangerous condition, thereby waiving the school district's sovereign immunity. The appellate court issued a permanent writ of mandamus, holding that the alleged lack of cameras and failure to supervise did not constitute a physical defect in property necessary to waive sovereign immunity under Section 537.600.1(2). The court directed the trial court to dismiss the plaintiff's petition with prejudice.
Missouri Court of Appeals, Eastern District / Dec 31, 2024
Mary Beth Fryman sued The Board of Regents of Southeast Missouri State University for premises liability and negligence after falling on stairs on the Board's property. The circuit court granted summary judgment to the Board, finding it immune from liability because Fryman's injury was not caused by an alleged dangerous condition of the stairs. The appellate court reversed, holding that genuine issues of material fact existed regarding causation, as Fryman's expert opined the stairs were defectively designed and caused her fall, despite her testimony of tripping on her own feet.
Missouri Court of Appeals, Eastern District / Dec 24, 2024
Addie Smith sued Zion Travelers Missionary Baptist Church for damages under a premises liability theory after she fell and sustained injuries. The trial court denied Smith's motion to amend her petition to include an alternate theory of injury involving a defective door, and subsequently granted summary judgment in favor of the Church. The appellate court reversed both orders, finding the trial court abused its discretion by denying the motion to amend, which resulted in severe hardship to Smith and no undue prejudice to the Church. Consequently, the grant of summary judgment was also reversed, and the case was remanded for further proceedings.
Missouri Court of Appeals, Southern District / Nov 25, 2024
A minor student, J.S., sustained severe head injuries on school grounds. Her parents, A.S. and K.S., sued Willard Public Schools and several individual employees for negligence, premises liability, and emotional distress. The circuit court granted the defendants' motion to dismiss, finding the claims barred by sovereign and official immunity. The appellate court affirmed, concluding that the petition did not plead facts sufficient to waive sovereign immunity under the dangerous condition exception, nor did it establish that the individual employees failed to perform a ministerial duty, thus upholding official immunity.
Missouri Court of Appeals, Southern District / Oct 29, 2024
Lucas Holterman, an employee of Holterman Logging, was severely injured by a falling dead tree while working on land owned by Laverne Copeland. Holterman sued Copeland on theories of premises liability and inherently dangerous activity. The trial court granted summary judgment for Copeland, finding that she did not retain control of the property and logging was not inherently dangerous. The appellate court affirmed, holding that logging is not an inherently dangerous activity as a matter of law and that Copeland owed no duty of care under premises liability due to the independent contractor rule.
Missouri Court of Appeals, Eastern District / Aug 20, 2024
Patricia Nowell-Silman appealed the dismissal of her premises liability and wrongful death petition against the Missouri Veterans' Home (MVC) after her father, a resident, left the facility, fell, and died. She alleged a dangerous condition on MVC's property due to the lack of coded locks and resident monitors, which she claimed waived sovereign immunity. The appellate court affirmed the dismissal, holding that the absence of such devices did not constitute a physical defect in the property necessary to establish a dangerous condition under the sovereign immunity waiver statute.
Missouri Court of Appeals, Southern District / Apr 1, 2024
Stephen Brady sued the City of Springfield for premises liability after an automated gate at a city park closed on him, causing injuries. Following a jury trial, the jury assessed zero percent fault to both Brady and the City, and judgment was entered for the City. Brady appealed, alleging five points of instructional error related to a comparative fault jury instruction. The appellate court affirmed the trial court's judgment, holding that any alleged instructional error was not prejudicial because the jury assessed zero percent fault to the City.
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.
Supreme Court of Missouri / Jan 9, 2024
Rachel Sender sued the City of St. Louis for negligence after a bicycle accident on a bike path, alleging a defect. The circuit court dismissed her claims, finding the bike path was a "thoroughfare" requiring statutory notice under section 82.210, and her notice was insufficient. On appeal, the Supreme Court affirmed. It held that the bike path is indeed a thoroughfare under the statute, but it could not review the sufficiency of Sender's notice because she failed to provide the necessary evidentiary hearing transcript in the record on appeal.
Supreme Court of Missouri / Dec 19, 2023
Steven Harner sued Mercy Hospital Joplin for negligence after he was shot by Kaylea Liska in the hospital's parking lot. Harner alleged Mercy breached its duty to protect him from Liska's criminal acts under the known third person exception. The jury returned a verdict for Harner, but the Missouri Supreme Court reversed, holding that Mercy owed no duty to Harner because Liska's prior actions, known to Mercy, did not indicate she was dangerous as contemplated by the exception. The case was remanded for further proceedings consistent with the ruling.
Missouri Court of Appeals, Eastern District / Jun 20, 2023
Carly Munoz appealed the grant of summary judgment in favor of Six Flags St. Louis on her negligence claim. Munoz was injured after being scared by a clown actor at the park's Fright Fest, causing her to run and trip. The trial court granted summary judgment based on the doctrine of implied primary assumption of the risk, finding Munoz's injury arose from risks inherent to the event. The appellate court affirmed, concluding that Munoz knew, appreciated, and voluntarily accepted the inherent risks of Fright Fest, including the potential for fright leading to running and falling.
Missouri Court of Appeals, Eastern District / Apr 18, 2023
Rachel Sender sued the City of St. Louis for injuries sustained after wrecking her bicycle on a bike path, alleging negligence and premises liability. The trial court dismissed her petition, finding her notice to the City insufficient under Section 82.210, RSMo. The appellate court reversed and remanded, holding that a bike path is a "thoroughfare" under the statute, and the City failed to establish that Sender's notice was so misleading as to prejudice its ability to investigate or defend.
Missouri Court of Appeals, Southern District / Mar 7, 2023
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.
Supreme Court of Missouri / Jan 31, 2023
Christopher Zang sued the City of St. Charles for negligence and premises liability after sustaining injuries from a fall. The circuit court dismissed Zang's premises liability claim due to his failure to provide notice of suit as required by the City's Charter. Zang appealed, arguing the Charter's notice requirement conflicted with various state statutes. The Missouri Supreme Court affirmed the circuit court's judgment, finding no irreconcilable conflict between the Charter's notice provision and the cited state statutes, as local laws may be more restrictive than state laws.
Missouri Court of Appeals, Southern District / Nov 14, 2022
Kenneth D. Gilmore sued the Missouri Department of Social Services, Children's Division, for negligence after he was injured when a rocking chair broke during a supervised visit. A jury found in Gilmore's favor, and the trial court reduced the damages award by comparative fault and then applied a statutory cap. The Children's Division appealed, challenging the application of the dangerous condition exception to sovereign immunity, the spoliation inference, the admission of a statement, and the method of applying the statutory cap. The appellate court affirmed the trial court's judgment, finding no merit in any of the Children's Division's points.
Missouri Court of Appeals, Eastern District / Oct 18, 2022
Belinda Wilkins sued John and Patricia Hendel for negligence and nuisance after falling into an uncovered sewer vent on a public right-of-way adjacent to their property. The trial court granted summary judgment for the Hendels, finding they owed no duty to Wilkins. The appellate court affirmed, holding that the Hendels did not make a "special use" of the public right-of-way, which would have created a duty to maintain or repair the sewer vent.
Missouri Court of Appeals, Eastern District / Aug 9, 2022
M.B. appealed the circuit court's grant of summary judgment in favor of Live Nation Worldwide, Inc. and Leslie Ramsey, alleging they were liable for a sexual assault by A.R. at her apartment after she became intoxicated at their concert venue. M.B. contended Respondents assumed a duty to protect her by assisting her while intoxicated and then releasing her to A.R. The appellate court affirmed the summary judgment, holding that Respondents had no legal duty to M.B. to protect her from an off-premises sexual assault, as the summary-judgment record did not establish the special facts and circumstances required to create such a duty.
Missouri Court of Appeals, Western District / Apr 12, 2022
A.R.R. appealed the circuit court's grant of summary judgment to Tau Kappa Epsilon Fraternity, Inc. and TKE Delta Nu House Association on her claims of premises liability, negligent supervision, and general negligence. A.R.R.'s claims stemmed from an alleged sexual assault at a fraternity Halloween party. The appellate court affirmed the summary judgment, finding that the defendants did not owe a duty to A.R.R. under any of her asserted theories of liability.
Missouri Court of Appeals, Eastern District / Oct 19, 2021
Christopher Zang sued the City of St. Charles for personal injuries sustained in a bicycle accident on a city bridge, alleging negligence and premises liability. The trial court dismissed Zang's premises liability claim, finding that a city charter provision requiring notice of claims was valid and consistent with state law. The appellate court reversed and remanded, holding that the city charter's broad notice requirement conflicted with state statutes that narrowly waive sovereign immunity and impose notice requirements only for specific dangerous conditions.
Missouri Court of Appeals, Western District / Aug 3, 2021
Angela Brown sued VAALP for negligence after slipping on ice at an apartment complex. After her initial suit was dismissed without prejudice, Brown refiled and later sought to add VA Second LP as a defendant, believing it was the property owner, and subsequently dismissed VAALP. The trial court dismissed the claim against VA Second LP as time-barred, finding that the relation-back doctrine under Rule 55.33(c) did not apply. The appellate court affirmed, holding that adding a new defendant, even with a subsequent voluntary dismissal of an original defendant, does not constitute a substitution of parties for the purpose of the relation-back doctrine.
Missouri Court of Appeals, Eastern District / Mar 9, 2021
Colleen O'Donnell sued River City Casino & Hotel and Total Lot Maintenance (TLM) for personal injuries sustained from a slip and fall on ice at the casino during a winter storm. The trial court granted summary judgment for both defendants. The appellate court affirmed summary judgment for River City, applying the Massachusetts Rule that landowners owe no duty for natural ice accumulation. However, the court reversed and remanded summary judgment for TLM, finding a genuine dispute of material fact regarding whether TLM's contractual duty to remove or treat ice had been triggered.
Missouri Court of Appeals, Western District / Feb 23, 2021
Michael Lee sued the Missouri Department of Transportation for wrongful death after his daughter, Jessica Lee, died when her car was swept off a flooded road. The trial court dismissed the petition, concluding Jessica's awareness of the danger precluded the claim under *Harris v. Niehaus*. The appellate court reversed and remanded, holding that the petition sufficiently alleged that MoDOT should have anticipated the harm despite the condition's potential obviousness, given the circumstances and the road being the sole egress.
Missouri Court of Appeals, Southern District / Dec 29, 2020
Pamela Allen sued the State of Missouri after falling down hazardous stairs in a courthouse basement, alleging personal injuries due to a dangerous condition of the State's property. The jury found the State 90% at fault, and the trial court entered judgment for Allen. On appeal, the State challenged the denial of its motion for judgment notwithstanding the verdict and a jury instruction regarding its control of the property. The appellate court affirmed the judgment, concluding there was sufficient evidence of the State's knowledge of the dangerous condition and that the jury instruction was not erroneous.
Missouri Court of Appeals, Western District / Sep 15, 2020
Michelle Eickhoff sued her landlords, Douglas and Rhonda Gelbach, for injuries sustained after falling down a staircase without a handrail at their rental property. The circuit court granted summary judgment for the Gelbachs on claims of general negligence, negligence per se, premises liability, and loss of consortium. The appellate court reversed and remanded, finding genuine issues of material fact regarding the landlords' retained control over the property and holding that city ordinances can define a landlord's common law duty for negligence claims. However, the court denied the claim that the landlord had a duty to disclose the ordinance, as the lack of a handrail was discoverable by the tenants.
Missouri Court of Appeals, Southern District / Mar 13, 2020
A minor child, A.T., through her father, sued Roger and Kimberly Satterfield for personal injuries from a dog bite. The Satterfields owned the property where the dog was kept by their tenant's roommate, Stacey Wyatt, who owned the dog. The trial court granted summary judgment for the Satterfields, finding insufficient evidence of vicious propensities or the Satterfields' knowledge thereof. The appellate court affirmed, holding that the Satterfields could not be held liable as harborers of the dog because they did not make the animal part of their household, consistent with Missouri law on landlord liability for animal-related injuries.
Missouri Court of Appeals, Southern District / Feb 23, 2020
Minor J.D., through her mother A.O., sued landlords Richard and Mary Parrish for personal injuries J.D. sustained from a dog bite on the landlords' property, where the dog was owned by their tenant. The trial court granted summary judgment for the landlords, concluding that the plaintiff could not produce evidence that the landlords owned, possessed, or harbored the dog. The appellate court affirmed, holding that Missouri common law does not extend liability for harm caused by domestic animals beyond owners, possessors, or harborers.
Missouri Court of Appeals, Western District / Feb 18, 2020
Bradley Bearden sued Missouri Valley College (MVC) for negligence and premises liability after sustaining an injury during a fraternity initiation. The trial court granted partial summary judgment in favor of MVC, finding no duty or causation. Bearden subsequently filed a voluntary dismissal of the entire cause of action without prejudice. The appellate court dismissed Bearden's appeal, concluding that the voluntary dismissal rendered the partial summary judgment a nullity and thus not a final appealable judgment, thereby depriving the court of jurisdiction.