This case involved OneBeacon Insurance Company, as subrogee of Gage Farms, suing Deere & Company for negligence and strict liability after a used John Deere combine caught fire during operation, destroying the combine and damaging an attached cornhead. The defendant moved for summary judgment, arguing that Missouri's economic loss doctrine barred the tort claims. The court granted the motion and entered judgment for the defendant. The core reasoning was that the doctrine precludes tort recovery when damage is to the product sold, the cornhead was an integrated component rather than separate other property under tests such as the integrated-product approach, and the rule applies even if some other property is damaged.
This case involved a pro se plaintiff, Kathleen S. Stipe, suing the Secretary of Veterans Affairs for employment discrimination under the Age Discrimination in Employment Act and the Rehabilitation Act, claiming instances of age and disability-based discrimination including failure to accommodate her medical needs. The defendant moved for summary judgment. The court granted the motion, finding that the plaintiff failed to present sufficient evidence to create genuine issues of material fact on essential elements of her claims, such as providing adequate medical documentation for accommodations or showing disparate treatment compared to similarly situated employees. The court emphasized that while summary judgment is rare in employment cases, it is appropriate when the plaintiff relies on speculation rather than probative evidence.
This case involved a dispute over whether Pemiscot County was obligated to increase its monthly payments into the Missouri Prosecuting Attorneys and Circuit Attorneys Retirement System after voters approved making the prosecuting attorney position full-time in 1998. The trial court ruled in favor of the retirement system, finding that the statutory contribution rates in chapter 56 created an unconstitutional equal protection violation by providing lower payments for positions converted to full-time before August 28, 2001, than for those converted afterward. The Missouri Supreme Court reversed, concluding that the differing rates did not violate equal protection because the disparity was rationally related to the fact that pre-2001 voters approved the change without knowledge of subsequent statutory amendments to retirement benefits. The Court also noted the availability of an optional election under the statute for counties to pay the higher full-time rate.
The case concerned whether the Missouri State Board of Accountancy could deny a CPA firm permit to Integrated Financial Solutions, LLC, based on the pre-formation wire fraud conviction and subsequent license revocation of its 49% shareholder Carl Kossmeyer. Lower courts had ruled that the Board lacked authority to consider Kossmeyer's prior conduct because it predated the firm's creation and the revocation was stayed at the time of application. The Missouri Supreme Court reversed, holding that the Board could exercise its discretion to deny the permit. The court reasoned that the Accountancy Act authorizes the Board to safeguard public integrity in the profession by evaluating the character and fitness of firm owners whose actions reflect on the firm as a whole, even when the conduct occurred before formation.
This case involved a petition for a writ of prohibition in a wrongful death lawsuit filed by Angela Friley against Union Electric Company (Ameren) and another driver after her husband, an employee of independent contractor Asplundh, was fatally injured while working on Ameren transmission lines. Friley alleged that Ameren, as a "host employer," had non-delegable duties to ensure workplace safety under a premises liability theory, citing failures to install warnings, block the work area, or arrange detours. Ameren moved to dismiss for failure to state a claim, arguing that no such liability existed under Missouri law for injuries to an independent contractor's employees, but the trial court overruled the motion. The Missouri Supreme Court made its preliminary writ of prohibition absolute, holding that the petition failed to allege recognized elements of premises liability or the inherently dangerous activity exception, which does not extend to contractor employees covered by workers' compensation, and that no other theories like OSHA violations or negligent hiring applied on the facts pleaded.
The case concerned a challenge by several Missouri medical associations to section 376.1753, a statute enacted as part of HB 818 that legalized the practice of midwifery by certified individuals. The trial court had struck down the provision on grounds that the bill violated the Missouri Constitution's original purpose, single subject, and clear title requirements. The Supreme Court of Missouri reversed, ruling that the plaintiffs lacked standing to sue because they failed to show a direct and adverse effect on any legally protectable interest, such as through potential professional discipline. The court's analysis focused on the legal standard requiring plaintiffs to demonstrate a personal stake in the outcome before reaching the constitutional merits of the bill's enactment process.
healthcareprocedure
Affiliations
District Court, E.D. Missouri — appointed by George W. Bush