Courts Bulletin - Current Issue
The latest court decisions are summarized each month in the Courts Bulletin. This publication keeps Missouri Bar members current with rulings in selected areas of the law. Selected federal court opinion summaries, new or amended rules of court and other matters of interest to practitioners are also included from time to time. A panel of volunteer lawyers, all authorities in their respective subject areas, prepare the case summaries.

In this Issue

Administrative Law On remand to agency, judicial mandate circumscribes agency jurisdiction.  Stanley Roberts, Respondent v. City of St. Louis, Appellant, and Treasurer of The State of Missouri as Custodian for The Second Injury Fund, Respondent, No. 92438 (Mo. App. E.D., September 1, 2009), Odenwald, J. Full Summary and Other Cases

Criminal Law Failure to disclose complaining witness's criminal history was Brady violation.  Jason Merriweather, Respondent v. State of Missouri, Appellant, No. 89846 (Mo. banc, September 1, 2009), Wolff, J. Full Summary and Other Cases

Family Law Orders not appealable.  A trial court document not marked "judgment" is not a final, appealable judgment.  Richard R. Welch, Respondent v. Lynda C. Watts, f/k/a Lynda C. Welch, Appellant, No. 92136 (Mo. App. E.D., September 22, 2009), Hoff, J. Full Summary and Other Cases

Insurance Law There was no ambiguity as to when a Named Driver Exclusion was effective where driver's mother signed the exclusion, and there was no ambiguity regarding which company issued the exclusion even though four insurance companies were listed at the bottom of the endorsement page.  American Family Mutual Insurance Company, Respondent v. Otis St. Clair, Personal Representative for the Estate of Montrell St. Clair, and Anastasia McNutt, Appellants.  No. 92492 (Mo. App. E.D., September 8, 2009), Odenwald, P.J. Full Summary and Other Cases

Juvenile Law Where there is insufficient evidence from which the court could find that Juvenile committed the acts alleged for the purpose of sexual arousal or gratification, adjudication for statutory sodomy and requirement to register as sex offender are reversed.  In the Interest of J.A.H., No. 92114 (Mo. App. E.D., September 15, 2009), Norton, J. Full Summary and Other Cases

Medical Malpractice Summary Judgment in favor of a nursing home is not appropriate when there remains an issue of material fact on whether the death of an elderly woman was proximately caused by the actions or inactions of the nursing home thirteen months prior.  Kenneth Sundermeyer, Individually and as Personal Representative for Elva Elizabeth Sundermeyer, Deceased, Appellant v. SSM Regional Health Services d/b/a Villa Marie Skilled Nursing Facility, Respondent, No. 89318 (Mo. banc, December 16, 2008), Russell, J. Full Summary and Other Cases

Property Law Seller's disclosure statement used to determine what property is subject to an exclusive listing agreement.  Hale & Hale, Ltd, and Dakota J. Hale, individually, Respondent v. The Arnold and Jeanie Pettit Declaration of Trust dated 2/1/95, Arnold and Jeanie Pettit, Appellants, No. 69872, (Mo. App. W.D., September 15, 2009), Newton, C.J. Full Summary and Other Cases

Tort Law Last vehicle in chain reaction collision can make a submissible case against drivers in front of him for stopping without adequate warning.  David Kasper, et ux., Appellants v. Randall W. Welhoff, et al., Respondents, No. 69329 (Mo. App. W.D., September 8, 2009), Ahuja, J. Full Summary and Other Cases

Workers' Compensation An injury sustained at the workplace is not compensable where there is no causal connection between the work activity and the injury other than the fact that the injury occurred at the workplace.  Mitchell Miller, Appellant v Missouri Highway and Transportation Commission, Respondent, No. 89960 (Mo. banc, June 30, 2009), Stith, J. Full Summary and Other Cases