Courts Bulletin - 14-January

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
Sunshine law ruling requires in camera review. Laut, et al. v. City of Arnold, No. 99424 (Mo. App. E.D., December 3, 2013), Gaertner, Jr., J.
Full Summary and Other Cases  

 
Criminal Law
Trial court could not “toll” probation in order to extend the term without manifesting an intent to conduct a revocation hearing prior to the expiration of the term and making a reasonable effort to notify the probationer and conduct the hearing. State ex rel., Dotson v. Holden, No. 32462 (Mo. App. S.D., December 2, 2013), per curiam.
Full Summary and Other Cases  

 
Elder Law
New VA, Social Security, and MO HealthNet Figures
Full Summary and Other Cases  

 
Employee Benefits
Presumption created by § 87.006.1, RSMo. 2000, to show incapacity occurred in the actual performance of duty is not available if prior physical examination within five years revealed any evidence of the condition of impairment of health regardless of whether the examination provided a specific diagnosis. Beckemeyer v. The Firemen’s Retirement System of St. Louis, No. 99484 (Mo. App. E.D., October 15, 2013), Norton, J.
Full Summary and Other Cases

 
Family Law
Opinion testimony of an expert witness originally hired by the opposition may not be privileged work product when the expert has been named to testify. Moreover, a monetary judgment to equalize the division of property need not bear nine percent statutory interest. Sparks v. Sparks, No. 76014 (Mo. App. W.D., November 26, 2013), Mitchell P.J.
Full Summary and Other Cases

 
Juvenile Law
Trial court not permitted to order Children’s Division to release names of reporters of unsubstantiated hotline calls. State ex rel. Dept. of Social Services v. Tucker, No. 93187 (Mo. banc. November 26, 2013), Teitelman, J.
Full Summary and Other Cases

 
Local Government
Statute disqualifies applicant for concealed carry permit due to his misdemeanor gun-related conviction. Lumetta v. Sheriff of St. Charles County, No. 99678 (Mo. App. E.D., November 19, 2013), Quigless, J.
Full Summary and Other Cases

 
Medical Malpractice
Medical malpractice action against pharmacy supplying anti-tuberculosis medications to county health care center — failure to file timely affidavit by pharmacist under § 538.225, RSMo. required dismissal without prejudice. Writ of mandamus compelling such dismissal made absolute. State ex rel. Red Cross Pharmacy, Inc. v. Herman, No. 76777 (Mo. App. W.D., December 24, 2013), Ahuja, J.
Full Summary and Other Cases

 
Probate and Trust Law
If a power of attorney effectively grants the right of sepulcher to an attorney in fact designated in a valid durable power of attorney, the attorney in fact is considered the next-of-kin and has priority in exercising those rights. However, when a power of attorney is conditioned on obtaining a physician’s certification of incapacity, then the condition must be satisfied before the power is exercised, even when the individual has deceased. In the Estate of Betty Jean Collins, et al. v. Shoemaker, et al., No. 75448 (Mo. App. W.D., August 6, 2013), Ellis, P.J.
Full Summary and Other Cases

 
Property Law
In unlawful detainer, damages are calculated from the date demand for possession is made for the period of unlawful detainer. Colt Investments, LLC v. Boyd, et al., No. 99280 (Mo. App. E.D., November 26, 2013), Clayton III, CJ.
Full Summary and Other Cases

 
Transportation Law
The Administrative Hearing Commission (AHC) correctly rejected the Missouri Director of Revenue’s attempt to recall a license plate bearing the configuration “MZU SUX.” The commission stood “in the shoes of the Director” in determining the fact issue whether the license plate was obscene or profane and the court of appeals would not substitute its opinion (or the Director’s) for the commission’s decision. Gettler v. Director of Revenue, No. 75783 (Mo. App. W.D., October 15, 2013), Welsh, C.J.
Full Summary and Other Cases

 
Workers' Compensation
Section 287.220.1, RSMo. does not require a threshold level of disability related to the primary claim be established for Second Injury Fund liability. If there exists a prior threshold disability of 50 weeks or 15% permanent partial disability of major extremity, then all prior permanent partial disabilities are to be considered in calculating the liability of the SIF. Treasurer of the State of Missouri-Custodian of The Second Injury Fund, vs. Witte, et al.. Nos. 92834, 92842, 92850 and 92867 (Mo. banc, November 12, 2013), Breckenridge, J.
Full Summary and Other Cases