The case involved a wrongful death claim by Kimberly Hodges against the City of St. Louis after her mother died from injuries in a car accident caused by a police officer driving the wrong way without lights or sirens. The City asserted sovereign immunity and argued it could not be vicariously liable because officers are employed by the Board of Police Commissioners rather than the City, while Hodges challenged the constitutionality of the statutory cap on damages against public entities. The court held that Missouri statute creates a dual agency relationship making the officer an agent of the City for liability purposes in motor vehicle negligence cases, affirmed the waiver of sovereign immunity under section 537.600.1(1), upheld the damages limitation as constitutional, and affirmed the reduced judgment of $335,118.

torts & liabilityprocedure

The case concerned whether the fictional gain from ABB C-E Nuclear Power's deemed asset sale—triggered by its parent's stock sale and an IRC section 338(h)(10) election—qualified as business income apportionable to Missouri under the multi-state tax compact or as non-business income. The Administrative Hearing Commission ruled the gain was non-business income, resulting in no Missouri tax liability, and the Supreme Court affirmed. The court applied the transactional and functional tests, finding the one-time liquidation was not a regular business transaction nor an integral part of ABB's ongoing operations, so the proceeds were not subject to apportionment.

taxesbusiness & regulatory

The case involved disciplinary proceedings against attorney Edgar Lim for his representation of clients seeking work visas, labor certification, and residency permits in an immigration matter. The Missouri Supreme Court found that Lim violated Rule 4-1.16(d) by withholding a labor certification document to which the clients were entitled after terminating the representation in an effort to coerce payment of fees. The court concluded there was insufficient evidence to establish violations of other rules regarding disclosure of confidential information, use of information to a former client's detriment, or implying a partnership. Considering Lim's 31-year practice record with only one prior minor disciplinary action, the court ordered a public reprimand as the appropriate discipline.

immigrationprocedure

The case involved the Missouri Association of Club Executives challenging the constitutionality of HB 972 after the bill, originally focused on intoxication-related traffic offenses, was amended late in the legislative session to add provisions regulating adult entertainment establishments, including bans on private viewing rooms and certain activities. The circuit court ruled for the association and severed the new provisions, and the state appealed. The Missouri Supreme Court affirmed the judgment, holding that the amendments violated article III, section 21 of the Missouri Constitution by changing the bill's original purpose. The court reasoned that the adult entertainment regulations were unrelated to the bill's initial subject of alcohol-related traffic offenses and constituted the type of log-rolling the constitutional provision was designed to prevent.

procedurecriminal law