Courts Bulletin - 8-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 Licensing board proved errors in appraisals, but such errors did not constitute cause for discipline.  Adam Newsom v. Missouri Real Estate Appraisers Commission, No. 07-0992 RA (Mo. AHC, July 31, 2008), Kopp, C. Full Summary and Other Cases

Administrative Law Civil action did not arise from agency proceeding.  Bryant E. Stigger, Sr., Respondent v. Emily J. Mann, Individually and as Next Friend of Bryant E. Stigger, Jr., Defendant; State of Missouri, ex rel. Family Support Division, Appellant, No. 68099 (Mo. App. W.D., August 26, 2008), Smart, Jr., J. Full Summary and Other Cases

Civil Practice and Procedure The granting of a motion to quash ends the court's jurisdiction.  Mark Anthony Manzella, Appellant v. Mary Elizabeth Dorsey and Ahlheim & Dorsey, L.L.C., Respondents, No. 90834 (Mo. App. E.D., June 30, 2008), Ahrens, J. Full Summary and Other Cases

Commercial Law Interstate motor carrier vicariously liable for traffic accident of motor carrier's lessor which owned and operated a semi-truck-tractor under a lease agreement with the motor carrier.  Frank Horner and Cherrie Horner, Respondents v. FedEx Ground Package System Inc., Appellant, No. 68043 (Mo. App. W.D., July 15, 2008), Ahuja, J. Full Summary and Other Cases

Constitutional Law Legislation not retrospectively applied.  State ex rel. John Doe, Relator v. The Honorable Stanley Moore, Respondent, No. 89130 (Mo. banc, August 26, 2008), per curiam. Full Summary and Other Cases

Construction Law General contract documents containing a dispute resolution procedure were not adequately specified to be incorporated by reference into subcontract.  Livers Bronze, Inc., Appellant v. Turner Construction Company, Respondent, No. 68692 (Mo. App. W.D., June 24, 2008), Ellis, J. Full Summary and Other Cases

Criminal Law Favorable impeachment evidence was not disclosed by the state.  Michael Taylor, Appellant v. State of Missouri, Respondent, No. 88063 (Mo. banc, August 26, 2008), Stith, C.J. Full Summary and Other Cases

Family Law Child support arrearage in excess of $10,000 affects court's jurisdiction over child custody matters.  Tamara S. Burton, Relator v. Honorable Elizabeth W. Swann, Associate Circuit Judge, 11th Judicial Circuit, St. Charles County, Missouri, Respondent, No. 91385 (Mo. App. E.D., July 29, 2008), Odenwald, P.J. Full Summary and Other Cases

Insurance Law Auto insurer held guilty of bad faith.  Edward Johnson, Virginia Johnson and Wayne Davis, Jr., Respondents v. Allstate Insurance Company, Appellant, No. 68169 (Mo. App. W.D., July 29, 2008), Spinden, P.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 under the American with Disabilities Act ("ADA") and the U.S. Constitution, because employee failed to show that employer regarded him as disabled or was pretextual in its nondiscriminatory reason for terminating his employment.  Fredrick T. Kozisek, Appellant v. County of Seward, Nebraska, 2008 WL 3915002 (8th Cir., August 27, 2008), Beam, C.J. Full Summary and Other Cases

Local Government Law Public duty doctrine revised: government employers no longer protected if alleged employee negligence is a type covered by statutory sovereign immunity waiver.  Debra Southers, et al., Appellants v. City of Farmington, Missouri, et al., Respondents, No. 88612 (Mo banc, June 10, 2008), Russell, J. Full Summary and Other Cases

Other Areas of Law Assignment of seized funds for legal retainer was conditional assignment, and took back seat to Missouri Incarceration Reimbursement Act seizure.  State of Missouri, ex rel. Jeremiah W. Nixon, Attorney General, State of Missouri, Respondent v. Lorne Bass, Defendant, and Hanrahan Trapp, P.C., Appellant, No. 68662 (Mo. App. W.D., August 19, 2008), Welsh, J. Full Summary and Other Cases