Courts Bulletin - 4-Dec
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 Hearing Commission Physician was subject to discipline even though she was not negligent. [State Board of Registration for the Healing Arts v. Prince], No. 03-0384 HA (September 27, 2004), Winn, C. Full Summary and Other Cases

Administrative/Constitutional Law Requiring a hearing does not require a contested case. [McCoy v. Caldwell], No. 85498 (Mo. banc, October 12, 2004), Limbaugh, J. Full Summary and Other Cases

Criminal Law Defendant committed attempted sexual misconduct involving a child by sending six photographs on the internet to a person he thought was less than 14 years old. [State v. Bouse], No. 62344 (Mo. App. W.D., October 19, 2004), Spinden, J. Full Summary and Other Cases

Family Law Death of child support obligee no impediment to continuation of child support. [Kreutzer v. Kreutzer], No. 26010 (Mo. App. S.D., October 29, 2004), Barney, J. Full Summary and Other Cases

Insurance Law Insured held not entitled to recover uninsured motorist benefits where alleged negligent driver has workers' compensation immunity. [Nicole R. Kesterson and Philip M. Kesterson, Appellants, v. Gary R. Wallut, et al., Defendants, State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company, Respondents], No. 63961 (Mo. App. W.D., December 7, 2004), Newton, J. Full Summary and Other Cases

Juvenile Law (1) A neglect proceeding and a termination of parental rights proceeding have fundamentally different purposes, therefore the filing of a TPR petition institutes a new and different civil action permitting a fresh application for change of judge. (2) Rule 126.01(c) provides that a "supplemental petition" is not deemed to be an independent civil action. (3) Because of the important question of general interest, the case is reversed and remanded and the matter is transferred to the Supreme Court to consider the question of whether a termination of parental rights petition is an independent civil action or a supplemental petition. [In Interest of S.M.H.], No. 84210 (Mo. App. E.D., November 9, ), Crane, J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit holds awareness of a potential violation of the FMLA is not proof of willfulness in determining whether a two or three year statute of limitations applies to an FMLA claim. [Hanger v. Lake County], No. 03-1386 (8th Cir., December 7, 2004), Melloy.} Full Summary and Other Cases

Local Government Did the trial court err in dismissing a petition for failure to state a claim for relief because the Plaintiff sued a municipality for a temporary nuisance? No. The exclusive and proper remedy for damage to private property caused by a nuisance maintained by a public entity having the power of eminent domain is an action in inverse condemnation. [George Ward Builders, Inc. and Robert Allen v. City of Lee's Summit, Missouri], No. 63347 (Mo. App. W.D., November 23, 2004), Breckenridge, J. Full Summary and Other Cases

Property Law Trial court has discretion to use some, all or none of masters report. [Ursula Lediner, Wolfgang Lediner and Patty Lediner, Plaintiffs/ Respondents v. Robert Harris and Loretta Harris, Defendants/Appellants], No. 25983 (Mo. App. S.D., October 4, 2004), Prewitt, J. Full Summary and Other Cases

Tort Law Allegations that engineering company prepared traffic study negligently and Missouri Highway and Transportation Commission negligently failed to place traffic control lights at intersection, causing death of decedent, stated a cause of action. [Kraus v. Hy-Vee, Inc.], et al., WD 63596, Newton, P.J. Full Summary and Other Cases