Courts Bulletin - 13-August

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
Real estate appraiser entitled to probation-free certification because she was currently entitled to certification, due to her improved work product. Blaylock v. Missouri Real Estate Appraisers Comm’n, No. 12-1254 RA (Mo. AHC, July 23, 2013), Winn, C. 
Full Summary and Other Cases  

 
Administrative Law
Surrender of license moots appeal. TCF, LLC d/b/a Club Lure, v. City of St. Louis, Excise Division of the Department of Public Safety, et al., Case No. 98627 (Mo. App. E.D., June 28, 2013), Hoff, J.
Full Summary and Other Cases  

 
Construction Law
Though the general contractor and subcontractor could not agree on what had been the terms of their contract, it made no difference to analysis of the breach of contract claim, because under either party’s scenario neither included terms for extra work. Therefore, there could be no breach of contract award for extra work. However, the general contractor could be liable in quantum meruit if it requested and accepted the extra work even though the work itself was ultimately retained by the owner. In addition, recovery under quantum meruit does not render a claim unliquidated for the award of prejudgment interest. City of Cape Girardeau et al. v. Jokerst, Inc., No. 98654 (Mo. App. E.D., June 11, 2013), Gaertner, J.
Full Summary and Other Cases  

 
Criminal Law
Presence of uniformed police officers in courtroom during murder trial for death of a police officer did not require evidentiary hearing for ineffective assistance of counsel for failure to object. Johnson v. State, No. 92448 (Mo. banc, July, 16, 2013), Draper, J.
Full Summary and Other Cases  

 
Juvenile Law
Termination of Parental Rights (TPR) for abuse/neglect, failure to rectify and parental unfitness reversed. Evidence of mental illness was three years old at time of trial. Mother provided in-kind support and also received a letter from Family Support Division stating her case was closed. In Interest of Q.A.H., No. 75786 (Mo. App. W. D., July 16, 2013), Hardwick, P. J.
Full Summary and Other Cases

 
Labor and Employment Law
Summary judgment was not proper because the employee’s continued employment and continued access to customer relationships formed sufficient consideration and because genuine issues of material fact existed concerning the employer’s alleged prior material breach. JumboSack Corporation v. Buyck, No. 98134 (Mo. App. E.D., May 21, 2013), DePriest, J.
Full Summary and Other Cases

 
Local Government
City’s enforcement of red light camera ordinance violated Missouri Supreme Court rule, but ordinance itself was authorized by state law. Smith, et al. v. City of St. Louis, No. 98263 (Mo. App. E.D., June 11, 2013), Odenwald, J.
Full Summary and Other Cases

 
Public Service Commission
Utility has the burden of proof to show prudence in affiliate transaction. Office of the Public Counsel, v. Missouri Public Service Commission, et al., Case No. 92964 (Mo. banc, July 30, 2013), Stith, J.
Full Summary and Other Cases

 
Taxation Law in Missouri
Sales/Use Tax - Purchases of supplies for taxpayer’s own use on its tow boats subject to tax. Commercial Barge Line Company and American Commercial Barge Line LLC v. Director of Revenue, No. 09-0723RS (Mo. A. H. C. May 13, 2013), Winn, C.
Full Summary and Other Cases

 
Tort Law
Amusement park owes patrons riding roller coasters and similar rides the highest degree of care. Contributory negligence only applies in an amusement park ride situation if there is evidence that the patron’s failure to follow instructions was negligent or unreasonable. Chavez v. Cedar Fair, LP, Case No. 75373 (Mo. App. W.D., July 16, 2013), Ellis, J.
Full Summary and Other Cases

 
Transportation Law
Rulemaking of the Federal Motor Carrier Safety Administration (FMCSA) on Hours of Service (HOS) is upheld, with the exception of the 30 minute break requirement for short-haul drivers. American Trucking Associations, Inc. v. Federal Motor Carrier Safety Administration, 2013 WL 3956992 (C.A. D.C. August 2, 2013)
Full Summary and Other Cases

 
Workers' Compensation Law
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