Courts Bulletin - 5-Sep
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 Applicant for a liquor license must be a Missouri resident. [Carlos Alberto Diaz, d/b/a R & C Fandango, LLC v. Supervisor of Liquor Control], No 05-0326 LC (Mo. AHC, June 17, 2005), Winn, C. Full Summary and Other Cases

Administrative/Constitutional Law Identities of "welfare" recipients are protected under Sunshine Law. [Kennedy Jones, Respondent, v. The Housing Authority of Kansas City, Missouri, Appellant], No. 64200 (Mo. App. W.D., Aug. 16, 2005), Lowenstein, J. Full Summary and Other Cases

Commercial Law Appeal of summary judgment against mortgage company for failing to provide release did not present real and substantial constitutional issues. [Rodney Glass and Diane Glass, Respondents v. First National Bank of St. Louis, N.A., Appellant], No. 86408 (Mo. banc, April 5, 2005), Teitelman, J. Full Summary and Other Cases

Criminal Law NOTE: The opinion in this matter dated July 1, 2005 was withdrawn and a new opinion was filed on August 1, 2005. The summary of the July 1 opinion is replaced with the following: Insufficient factual basis for guilty pleas to two sales of controlled substances. [Carlos L. Johnson, Appellant v. State of Missouri, Respondent], Nos. 26428 & 26533 (Mo. App. S.D., August 1, 2005), Barney, J. Full Summary and Other Cases

Elder Law A finding that a decedent owned real or personal property subject to administration as a condition precedent to opening an estate is not required, and as long as the party requesting to open the estate is an interested party and the application filed complies with the requirements of  473.020 RSMo., an estate can be opened. [State of Missouri ex rel. Missouri Department of Social Services, Division of Medical Services, Relator v. Honorable Ellen S. Roper, Circuit Judge, 13th Judicial Circuit, Boone County, Respondent], No. 64902, (Mo. App. W.D., August 9, 2005), Ulrich, P.J. Full Summary and Other Cases

Environmental & Energy Law [Mary Jeanne Cook, Mary Jeanne Cook as Trustee of the Mary Jeanne Cook, Inter Vivos Trust Dated February 6, 1986 and Cook Limited Partnership, Appellants v. De Soto Fuels, Inc., Respondent], No. 84514 (Mo. App. E.D., August 2, 2005), Norton, J. Full Summary and Other Cases

Family Law Waiver of claim of error with regard to imputing income. [In re the Marriage of Todd D. Neu and Deborah A. Neu. Todd D. Neu, Petitioner/Appellant/Cross-Respondent v. Deborah A. Neu, Respondent/Respondent/Cross-Appellant], No. 85080 and 85108 (Mo. App. E.D., July 26, 2005), Knaup Crane, J. Full Summary and Other Cases

Insurance Law Commercial general liability coverage held to apply to injury caused by failure to determine that injured plaintiff was not wearing a seatbelt. [Donna Bowan, by and through her next friend and mother, Audrey Bowan, Respondent, v. General Security Indemnity Company of Arizona, and Express Medical Transporters, Appellants], Nos. 85145 & 85148 (Mo. App. E.D., August 16, 2005), Gaertner, Sr., P.J. Full Summary and Other Cases

Juvenile Law (1) There is a presumption that an unreformed parent will continue to be a threat to the welfare of the child for the foreseeable future. Thus, absent contrary evidence, father is not rehabilitated in his ability to function as a parent. (2) Where there are severe and recurrent acts of physical abuse that cause prolonged suffering, there is no need to discuss whether additional services would be likely to bring about a lasting parental adjustment enabling the child to be returned to the parent. (3) The court's findings were sufficient to comply with [In the Interest of K.A.W.], 133 S.W.3d 1, 11-12 (Mo. banc 2004) where trial court found mother did not appear to be taking steps to provide for the child, and that mother would not likely remedy the conditions requiring intervention in the near future. (4) The court was not required to admit the factual basis for mother's guilty plea portion of the plea since the findings recited were part of the charges. [In the Interest of T.M.E., Plaintiff, Juvenile Officer, Respondent, Missouri Division of Family Services, Respondent, v. K.L.E. (Mother), Appellant, J.F.E. (Father), Appellant], No. 64787 (Mo. App. W.D., August 23, 2005), Smart, Jr., J. Full Summary and Other Cases

Medical Malpractice Modification of Missouri Approved Jury Instruction 19.01, Sixth Ed. (2002) allowing the jury to find liability if the defendant "caused or contributed to cause" the injury resulting in death is appropriate in a wrongful death action where plaintiff entered the hospital for cardiac catheterization procedure, then fell and broke her hip afterwards and died from multiple organ failures. [William Woodward, et al., Appellant-Respondent, v. Research Medical Center, Respondent-Appellant], Nos. 64358 & 64365 (Mo. App. W.D., August 23, 2005), Newton, J. Full Summary and Other Cases

Tort Law Statute of limitations is five years for "permanent" nuisance, and ten years for "temporary" nuisance. [Mary Jeanne Cook, Mary Jeanne Cook as Trustee of the Mary Jeanne Cook, Inter Vivos Trust Dated February 6, 1986 and Cook Limited Partnership, Appellants v. De Soto Fuels, Inc., Respondent], No. 84514 (Mo. App. E.D., August 2, 2005), Norton, J. Full Summary and Other Cases

Workers´ Compensation Does expert testimony that work was "the significant precipitating factor" in causing a heart attack support an award of compensation? [Lawrence Gardner, Claimant-Respondent, v. Contract Freighters, Inc., Employer-Appellant], No. 26760 (Mo. App. E.D., June 27, 2005), Shrum, J. Full Summary and Other Cases