Courts Bulletin - 13-July

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 Law
Attorney fees awarded but limited. Baker v. Department of Mental Health for the State of Missouri, No. 75423 (Mo. App. W.D., June 25, 2013) Ellis, P.J.
Full Summary and Other Cases  

 
Civil Practice and Procedure
Expert’s opinion that manufacturer had actual knowledge of defect sustains punitive award. Delacroix, et al. v. Doncasters, Inc., No. 97375 (Mo. App. E.D., May 7, 2013), Norton, J.
Full Summary and Other Cases  

 
Criminal Law
Child victim testifying from behind a screen violated the defendant’s Confrontation Clause rights, but the error was harmless. State v. Benitez, No. 32063 (Mo. App. S.D., June 10, 2013), Rahmeyer, J.
Full Summary and Other Cases  

 
Family Law
Adoption alters rights to claim to be an heir to natural grandfather’s estate in intestacy. In re Brockmire, No. 99103, (Mo. App. E.D., June 11, 2013), Richter, J.
Full Summary and Other Cases  

 
Juvenile Law
Where juvenile is charged with burglary, the presence of valuables in the building alone does not constitute sufficient evidence of intent to steal. In Interest of J.N.C.B., No. 75299 (Mo. App. W.D., June 28, 2013), Witt, J.
Full Summary and Other Cases

 
Probate and Trust Law
A determination of undue influence requires a review of the settlor’s mental and physical condition to determine whether the settlor is vulnerable to undue influence. Additionally, one must show facts and circumstances tending to show that undue influence was an active factor in the underlying transaction in that it was so coercive as to deprive the settlor of his or her free will. Watermann v. Fitzpatrick, et al., No. No. 96541 (Mo. App. E.D., June 19, 2012), Crane, P.J.
Full Summary and Other Cases

 
Public Service Commission
Filed rate is lawful rate. Brooks, et al. vs. The Empire District Electric Company, No. 32177 (Mo. App. S.D., June 18, 2013), Burrell, J.
Full Summary and Other Cases

 
Tort Law
Where judgment is entered on general verdict, court cannot allocate damages to specific categories. Mickey v. BNSF Railway Company, et al., No. 98647 (Mo. App. E.D., June 11, 2013), Cohen, J.
Full Summary and Other Cases

 
Transportation Law
Delivery service breached contract and, therefore required to pay shipper when it delivered COD package, but collected cashier’s check payable to someone other than the correct payee, the shipper. Kelly v. United Parcel Service, Inc., No. 2364093 (Mo. App. S.D., May 30, 2013), Rahmeyer, J.
Full Summary and Other Cases

 
Workers' Compensation
In a case involving a communicable disease, the statute “does not require a claimant to establish, by a medical certainty, that his or her injury was caused by an occupational disease in order to be eligible for compensation.” Smith v. Capital Region Medical Center, No. 75078 (Mo. App. W.D, March 26, 2013), Newton, P.J.
Full Summary and Other Cases