Courts Bulletin - 7-Nov
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 Child Abuse and Neglect Review Board's decision is not determinative for Department of Health and Senior Services' standards. Department of Health & Senior Services, Petitioner v. First Baptist Church, d/b/a Little Folks School, Respondent, No. 07-0857 DH (Mo. AHC, September 19, 2007), Doughty, C. Full Summary and Other Cases

Administrative Law Statute allows action against board members for gross negligence. Dr. Gary Edwards, Appellant v. Lawrence M. Gerstein, et al., Respondents, No. 88313 (Mo. banc, October 30, 2007), Teitelman, J. Full Summary and Other Cases

Constitutional Law Victims' rights provisions do not extend the circuit court's jurisdiction after it has imposed sentence. State of Missouri ex rel. Jason Goldesberry, Relator v. Hon. Ronald E. Taylor, No. 67650 (Mo. App. W.D., October 2, 2007), Lowenstein, J. (See also: Criminal Law) Full Summary and Other Cases

Criminal Law Child support conviction reversed where child was not the biological child of the defendant, but had been “legitimated” by administrative order. State of Missouri, Respondent v. David Salazar, Appellant, No. 88438 (Mo. banc, October 30, 2007), Teitelman, J. Full Summary and Other Cases

Insurance Law Homeowner's insurer held not required to pay full replacement cost unless and until insured property is repaired or replaced. Verdell Porter, et al., Appellants v. Shelter Mutual Insurance Company, Respondent, No. 65963, (Mo. App. W.D., October 16, 2007), Holliger, J. Full Summary and Other Cases

Juvenile Law The Juvenile Division is without jurisdiction to entertain a contractual dispute between an attorney and the division where the attorney is not a party in the juvenile division case and where contractual disputes are not one of the areas specifically assigned to the jurisdiction of the juvenile division. In the Interest of A.M., D.N. and D.N. Missouri Department of Social Services, Children's Division, Appellant, Nos. 28484 and 28521 (Mo. App. S.D., October 11, 2007), Lynch, C. J. Full Summary and Other Cases

Labor Law Where a male employee sued his city employer for sexual harassment, hostile work environment and retaliatory discharge, summary judgment on the sexual harassment and hostile work environment was proper, but the trial court erred in granting summary judgment on the retaliatory discharge claim because the employee met his burden in demonstrating that there was a sufficient dispute of material fact as to whether or not the city retaliated against him for complaining of sexual harassment in the workplace. Rodney D. Barekman, Plaintiff/Appellant v. City of Republic, Missouri, Defendant/Respondent, No. 27939 (Mo. App. S.D., September 11, 2007), Bates, C.J. Full Summary and Other Cases

Labor Law - Federal The Eighth Circuit affirms the district court's grant of summary judgment in favor of employer on sexual harassment and retaliation claims of two female employees because: 1) the employer acted reasonably to prevent and promptly correct the alleged harassment, which the employees had unreasonably delayed in reporting; and 2) the alleged retaliatory acts did not constitute materially adverse actions. Julie Weger; Mary Meghan Murphy, Plaintiffs-Appellants v. City of Ladue; William Baldwin; Donald Wickenhauser, Defendants-Appellees, No. 06-1970, 500 F.3d 710 (8th Cir., September 13, 2007). Full Summary and Other Cases

Medical Malpractice Post-judgment interest does not accrue until the circuit court has adjudicated all claims. Karen Lindquist, Individually and as Personal Representative of the Estate of Michael Lindquist, Respondent/Cross-Appellant v. Mid America Orthopaedic Surgery, Inc., Appellant/Cross-Respondent, No. 87827 (Mo. banc, May 1, 2007), Teitelman, R. Full Summary and Other Cases

Property Law A trial court cannot conduct administrative review without written findings and conclusions of the administrative agency's decision. Complete Auto Body & Repair, Inc., Plaintiff/Appellant v. St. Louis County, Missouri, Charlie A. Dooley, Hazel Erby, Kathleen Burkett, and Mike O'Mara, Defendants/Respondents, No. 89331 (Mo. App. E.D., September 18, 2007), Crane, P.J. Full Summary and Other Cases

Tort Law Where a passenger is the owner of the vehicle, he or she is automatically entitled to a right of control over the vehicle, giving rise to potential liability under a theory of joint venture with the driver. Sandra Bach, Plaintiff/Appellant/Cross-Respondent v. Winfield-Foley Fire Protection District, Defendant/Respondent/Cross-Appellant, No. 88734 (Mo. App. E.D., October 16, 2007), Dowd, Jr., J. Full Summary and Other Cases

Workers' Compensation Commission's conclusion that claimant's permanent total disability was a result of the last injury alone was supported by competent and substantial evidence. Mihalevich Concrete Construction, Appellant v. Jimmie Davidson, Respondent; Treasurer of the State of Missouri - Custodian of the Second Injury Fund, Respondent, No. 67676 (Mo. App. W.D., September 25, 2007), Smart, Jr., J. Full Summary and Other Cases