Courts Bulletin - 5-Feb
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

Criminal Law Judge could not follow the case to a different circuit after a change of venue was granted. [State ex rel. Baumruk v. Seigel], No. 86040 (Mo. banc, December 7, 2004), per curiam. Full Summary and Other Cases

Environmental & Energy Law For purposes of a mechanic's lien, notice must be given to the owner of the property at the time the work was performed. [Bullmaster v. Krueger], No. 62780 (Mo. App. W.D., December 21, 2004), Breckenridge, J. Full Summary and Other Cases

Family Law Assignment of family court case to drug court commissioner does not confer subject matter jurisdiction. [State ex rel. Moore v. Sharp], No. 26089 (Mo. App. S.D., December 13, 2004), Shrum, Jr. Full Summary and Other Cases

Insurance Law Horse-drawn buggy held not to be an uninsured motor vehicle. [Douglas Ferguson, et al., Appellants v. Gateway Insurance Company, Respondent], et al., No. 63653 (Mo. App. W.D., December 28, 2004), Spinden, J. Full Summary and Other Cases

Juvenile Law (1) On disposition, failure to make reasonable efforts findings under 211.183 requires remand. (2) Court may receive additional evidence on remand. [In Interest of E.K.], No. 26243 (Mo. App. S.D., January 27, 2005), Shrum, J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit clarifies "severe and pervasive" standard for hostile work environment claims. [LeGrand v. Area Resources for Community and Human Services], (Eighth Circuit, No. 04-1284, January 20, 2005). Full Summary and Other Cases

Local Government A Fourth Class City may remove an appointed officer by a 4-3 vote, with the deciding vote cast by the Mayor, pursuant to  79.120 RSMo. [Jerry D. Hardesty v. City of Buffalo], No. 26036, (Mo. App. S.D., December 7, 2004), Bates, C.J. Full Summary and Other Cases

Medical Malpractice Court employee conveying information to jury that case had previously been tried and resulted in hung jury required reversal. [McBride v. Farley], No. 25448 (Mo. App. S.D., December 15, 2004), Garrison, J. Full Summary and Other Cases

Property Law In quiet title action where ownership is the issue, partition action for jointly titled property is not mandatory. [Chad A. Lack, Plaintiff-Respondent v. Kasey Payne & Tony Pennington, Defendants-Appellants], No. 26125 (Mo. App. S.D., November 9, 2004), Garrison, P.J. Full Summary and Other Cases

Tort Law Utility company had duty to notify emergency personnel about the status of a downed power line so that the emergency personnel could assess the risk of proceeding with rescue attempt. [Hoffman v. Union Electric Company], No. 84331 (Mo.App. E.D., January 4, 2005), Norton, J. (Sullivan, J. dissenting) Full Summary and Other Cases

Other Areas of Law St. Louis Police Board and police officers were subject to coverage as a state agency and officers of the state under the State Legal Expense Fund for monetary damages arising out of performance of their duties. [Smith, et at., v. State], No. 86050 (Mo. banc, January 11, 2005), Limbaugh, J. Full Summary and Other Cases