Courts Bulletin - 8-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 Trucker violated state and federal law by failing to be medically examined and certified to operate a commercial vehicle before transporting hazardous materials.  Missouri Highways and Transportation Commission v. Prather, No. 08-1235 MC (Mo. AHC, December 10, 2008), Ommen, C. Full Summary and Other Cases

Administrative Law No judicial review pending rehearing.  State ex rel. AG Processing, Inc., et al, Appellants v. Public Service Commission of the State of Missouri, Respondent, No. 68727 (Mo. App. W.D., November 12, 2008), Smart, Jr., J. Full Summary and Other Cases

Civil Practice & Procedure Order compelling arbitration not appealable.  National Management Corporation, et al., Appellants v. Lawrence P. Kaplan, Respondent, No. 91918 (Mo. App. E.D., November 18, 2008), Baker, J. Full Summary and Other Cases

Constitutional Law State must discover and disclose its witnesses' criminal history.  Jason Merriweather, Respondent v. State of Missouri, Appellant, No. 90312 (Mo. App. E.D., October 21, 2008), Baker, C.J. Full Summary and Other Cases

Corporate & Business Law Missouri recognizes a cause of action against a hospital for negligent credentialing of doctors to perform a specific surgery.  Dorothea LeBlanc, Appellant v. Research Belton Hospital, Respondent, No. 69248 (Mo. App. W.D., December 9, 2008), Newton, C.J. Full Summary and Other Cases

Criminal Law Writ was an appropriate remedy where the trial court resentenced defendant without jurisdiction.  State ex rel. Darrell L. Moore, Relator v. The Honorable Jason Brown, Respondent, No. 29089 (Mo. App. S.D., November 19, 2008), Rahmeyer, J. Full Summary and Other Cases

Employee Benefits It is improper to modify a qualified domestic relations order ("QDRO") to give increased benefits to wife if husband elected an early retirement package or if plan paid a cost-of-living increase where decree of legal separation gave wife 50% of pension value as of a certain date.  In re the Marriage of Virgil L. Lueken and Toni S. Lueken, Virgil L. Lueken, Appellant/Petitioner v. Toni S. Lueken, Respondent, No. 91086 (Mo. App. E.D., October 21, 2008), Romines, J. Full Summary and Other Cases

Family Law Custody:  Setting a change in physical custody for when the child starts kindergarten.  Craig Pijanowski, Respondent v. Hope Pijanowski, Appellant, No. 69193 (Mo. App. W.D., October 21, 2008), Howard, J. Full Summary and Other Cases

Insurance Law Auto policy's listing of person as a driver of the described insured vehicle does not make the driver an insured when operating a different vehicle.  Jennifer Eldridge, Appellant v. Columbia Mutual Insurance Company, Respondent, No. 69444, (Mo. App. W.D., November 12, 2008), Hardwick, J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit affirms district court's grant of summary judgment in favor of employer on former employee's claims of discrimination based on race and gender and retaliation under Title VII of the Civil Rights Act of 1964, because employee could not show employer took any adverse action against her.  Jeanette Jackson, Appellant v. United Parcel Service, Inc., Appellee, No. 08-1343, 2008 WL 5085115 (8th Cir. Dec. 4, 2008). Full Summary and Other Cases

Local Government City's insurance coverage did not waive sovereign immunity for whistle-blower retaliation claims. Evelyn B. Topps, Appellant v. City of Country Club Hills, Missouri, Respondent., No. 91509 (Mo. App. E.D., November 18, 2008), Odenwald, J. Full Summary and Other Cases

Property Law Condemnor lacks standing to appeal distribution pursuant to  523.053, RSMo.  The Bi-State Development Agency of the Missouri-Illinois Metropolitan District, Plaintiff/Appellant v. Ames Realty Company, et al., Defendants/Respondents, No. 89738 (Mo. App. E.D., July 22, 2008), Mooney, P.J. Full Summary and Other Cases

Tort Law If trial court rules on motion to dismiss but considers evidence beyond the petition without giving plaintiff all opportunities provided by Rule 74.04 for motions for summary judgment, court of appeals will consider the ruling as if it was simply a ruling on a motion to dismiss.  Ronald D. Gregg, et al., Appellants v. City of Kansas City, Missouri, et al., Respondents, No. 68989 (Mo. App. W.D., October 28, 2008), Smart, J. Full Summary and Other Cases

Workers' Compensation Will the commission and court allow an adjudged permanently and totally disabled claimant to add her spouse as an additional party entitled to compensation under Schoemehl ?  Marianne Bennett v. Columbia Health Care; and Treasurer of the State of Missouri-Custodian of the Second Injury Fund, No. 69128 (Mo. App. W.D., November 18, 2008), Welsh, J. Full Summary and Other Cases

Other Areas of Law Petition for breach of fiduciary duty against public defender remanded.  Bernardo O. Costa, Appellant v. Arthur E. Allen, Respondent, No. 89177 (Mo. banc, November 25, 2008), Scott, Special J. Full Summary and Other Cases