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Everyday, government
makes decisions that impact you or your business. Purchasing
decisions; administrative actions; rules and regulations;
legislative action--- hundreds of decisions everyday that
matter.
At
the Ketcher Law Firm, LLC,
we assist clients in successfully navigating the complex and
sometimes threatening corridors of state and local government
in Missouri.
For
each client, we craft an individual strategy to maximize results.
Often we recommend a collaborative approach with a government
entity or official. At other times, we recommend an aggressive
approach that relies heavily on legal principles and the enforcement
of rights.
Our
strategies usually involve attacking a problem at multiple
points. These attack points correspond to the multiple centers
of influence and decision making within government itself.
If
you or your business have an issue arise with state or local
government in Missouri, let us show you how a strategic approach,
guided by experience and executed with hard work and diligence,
can produce results that matter.
The
choice of a lawyer is an important decision and should not
be based solely on advertisements.
Missouri
Case Law Update
Missouri
Personal Injury Case Damages Cap Discussed
LaRose
v.
Washington University
In
this case brought by a St. Louis Missouri personal injury
lawyer, substantial evidence supported jury verdict that negligent
medical misdiagnosis by hospital and doctor caused Plaintiffs´
injury and damages in lost chance of recovery and loss of
consortium case. Each plaintiff injured by hospital and doctor
medical malpractice may recover damages up to the statutory
cap on non-economic damages. Allowing husband to re-take the
stand to support loss of consortium was not error under Missouri
medical malpractice and personal injury case law. Affirmed.
Missouri
Court
of Appeals Eastern District, St. Louis , Missouri
Utility
Potentially Liable for Missouri Personal Injury
Grattan v. Union Electric Company
Missouri
utility
may be liable for personal injury resulting from negligence
in failure to detect downed power lines and cut power. In
this case, filed by a St. Louis Missouri personal injury lawyer,
"It was a question of fact for the jury whether the defendant,
having notice by means of instruments in its plant, was negligent
in failing sooner to locate a break and prevent harm coming
from it." Summary judgment reversed in part for trial
on utility´s timeliness in shutting off power.
Supreme
Court of Missouri, Jefferson City , Missouri
Missouri
Personal Injury Lawsuit Alleged Dangerous Condition Of Road
Kraus
v. Hy-Vee, Inc.
Missouri
personal
injury lawyer allegation of negligently failing to install
traffic lights and properly re-stripe the intersection in
this Columbia , Missouri Boone County case fell within waiver
of sovereign immunity under the dangerous condition of road
exception and stated a claim under case law. Allegation by
Missouri personal injury lawyer of negligent traffic study
stated claim against preparer of traffic study. Abutting property
owner, and builder of grocery store on such property, had
no legal duty to install traffic lights or to stripe the road
under Missouri personal injury case law.
Missouri
Court of Appeals Western District ,
Kansas City, Missouri
Missouri
Personal Injury Lawyer Argued Savings Statute Applied To All
Plaintiffs
Denton v. Soonattrukal
Missouri
personal
injury lawyer argued claim savings statute applies to Plaintiff
who did not file original wrongful death lawsuit because Plaintiff
was within the class that could have filed the original action.
Missouri Wrongful Death Stautes create a single, indivisible
action for all injured plaintiffs. The "literal interpretation
as that espoused by Defendants would tend to diminish by mere
procedural hyper-technicality two additional objectives behind
the wrongful death statutes, that is ´to ensure that
tortfeasors pay for the consequences of their actions, and
generally to deter harmful conduct which might lead to death.´"
Case arose in Dunklin County, Missouri.
Missouri
Court
of Appeals Southern District, Springfield , Missouri
Manufacturer
Liability Under Missouri Personal Injury Law Discussed
Brough v. Ort Tool and Die Corporation
In
this case, brought by a Missouri personal injury lawyer, Jackson
County Missouri Trial Court correctly entered summary judgment
in favor of Defendants who drafted plans for machine component
or merely reassembled machine. Such activities do not allow
subjecting Defendants to dangerous products liability injury
law liability for effective design or construction of machine.
Missouri
Court of Appeals Western District ,
Kansas City, Missouri
Railroad
Personal Injury Law Jury Instructions Approved
Patrick
Johnson v. Union Pacific Railroad Company
Trial
court record supported instructions on negligence in Federal
Employers´ Liability Act ("FELA") railroad
injury case. In this case brought by a St Louis Missouri personal
injury lawyer, railroad employee suffered personal injury
in train derailment from defective track where another locomotive
had derailed the previous day, and "Employer failed to
use all available equipment to check for defects as a precautionary
measure after replacing the rail that broke the day before
employee's derailment." Rejection of Defendant employer's
instruction on aggravation of a pre-existing medical condition
was not prejudicial because employer presented trial evidence
of condition and he instruction submitted expressly limited
damages to personal injury suffered in derailment.
Missouri
Court
of Appeals Eastern District, St. Louis , Missouri
Exclusion
Of Medical Expenses Undecided
Porter
v. Toys ´R´ Us
Trial
Court did not err by allowing amendment of petition by Missouri
personal injury lawyer because it argued no new theory and
required no new defenses. Plaintiff made a submissible case
by showing that Owner of premises had constructive knowledge
of dangerous condition in time to prevent injury; Appellate
Court disregards evidence to the contrary. Name of Expert
not called by Owner was admissible to explain why Plaintiff
discussed Expert in voir dire and opening statement; no adverse
inference was suggested. Record is insufficient to decide
exclusion of medical expenses.
Missouri
Court of Appeals Western District
, Kansas City, Missouri
Condition
Of Road Was Not Cause Of Injury
State
of Missouri ex rel. Nixon v. Westbrooke
Highway
Patrolmen let traffic resume in lane where Worker was clearing
wreckage, injuring Worker. In this case, brought by a Missouri
personal injury lawyer, exception to sovereign immunity for
dangerous condition of roads does not apply because road was
not physically defective. Prohibition issues to halt Trial
Court proceedings against State, except dismissal.
Missouri
Court
of Appeals Southern District, Springfield , Missouri
Dangerous
Dog Injury Verdict Upheld
Savory
v. Hensick
Dog
caused Worker to fall and sustain personal injury, requiring
two back surgeries in this Arnold Missouri case tried in Jefferson
County , Missouri . "The issue is whether the animal's
behavior creates a foreseeably dangerous situation for the
invitee. The motivation for that behavior, whether viciousness
or playfulness, is immaterial." St. Louis Missouri personal
injury lawyer presented substantial evidence showed that dog
chewing, playing and bites were a foreseeable danger to injured
worker. Plaintiff´s judgment for personal injury affirmed.
Missouri
Court
of Appeals Eastern District, St. Louis , Missouri .
No
Liability For Sudden Stop
Wilkerson
v. Williams
Plaintiff
rear-ended Defendant. Appellate Court need not address whether
Defendant had duty to watch traffic behind him because "
Plaintiff ´s negligence was the proximate cause of the
collision as a matter of law in this case filed by a Missouri
personal injury lawyer. Therefore, Defendant ´s alleged
failure to keep a careful lookout and failure to warn of his
intention to stop were too remote to be causative in a legal
sense and support the imposition of liability upon him."
Appellate Court substitutes defendant ad litem for deceased
Defendant.
Missouri
Court
of Appeals Southern District, Springfield , Missouri
Statute
Of Limitations Bars Sexual Abuse Claim Against Church
John
T. Doe, Appellant v. O´Connell
P etition
by St. Louis Missouri personal injury lawyer made claims under
RICO and Missouri law for sexual abuse by cleric. Whether
"discovery accrual rule" or "injury occurrence
rule" applies to RICO claim, Petition shows that injury
occurred outside of time allowed. Missouri claims are untimely
under "capable of ascertainment" rule. Petition
did not show fraudulent concealment, equitable estoppel or
duress.
Missouri
Court
of Appeals Eastern District, St. Louis , Missouri
Car
Accident Injury Award for Pain And Suffering Upheld
Moses
v. Halstead
Passenger
who suffered personal injury while riding with drunk driver
involved in Buchanan County , Missouri car accident sought
new trial when jury awarded $10,000 for pain and suffering.
Appellate Court affirms because jury was entitled to disbelieve
claims of on-going pain and suffering and future medical expenses.
" In this Missouri personal injury lawyer claim, the
jury could reasonably conclude that her claim for pain and
suffering and future medical care, alleging additional damages
in the range of $100,000 to $300,000, was speculative and
inflated." Trial Court in St. Joseph , Missouri Buchanan
County properly directed jury to reconsider its initial erroneous
attempt to apply comparative negligence to auto accident injury
case.
Missouri
Court of Appeals Western District ,
Kansas City, Missouri
Liability
of Occasional Seller under Missouri Products Liability Injury
Law and Wrongful Death Statute Discussed
Engel
v. Corrigan Company-Mechanical Contractors, Inc.
In
this lawsuit, a builder sold off equipment "as is"
to lessor, who rented it to decedent. A St. Louis Missouri
personal injury lawyer alleged that the plaintiff was injured
as a result of a dangerous product defect. The Saint Louis
, Missouri trial court correctly dismissed the Missouri products
liability injury claim against Builder because Builder is
not a seller of goods under statute. "It is not subject
to statute because its sale of the manlift was incidental
to and not in the course of its business."
Missouri
Court
of Appeals Eastern District, St. Louis , Missouri .
Missouri
Medical Malpractice and Wrongful Death Damages Discussed
Cook
v. Newman
For
Missouri statutory cap on non-economic medical malpractice
injury damages, three wrongful death plaintiffs count as one,
health care provider and its employees are each separate defendants,
and each of their acts of medical negligence was an "occurrence."
Missouri Constitutional ban on retrospective laws does not
apply to annual adjustment of cap because it merely protects
the prescribed remedy from inflation, rather than changing
the effects of Defendants´ actions.
Missouri
Court of Appeals Western District ,
Kansas City, Missouri
Statute
Bars Suit For Marketing Of Firearms
City
of St. Louis v.Cernicek
St.
Louis Missouri
personal
injury lawyer alleged that Defendants designed their firearm
products unsafely; that they knew or should have known that
such products were being diverted into illegal markets, and
failed to take actions that could have reduced such diversion.
Trial Court dismisses as to most Defendants and certifies
judgment for appeal. Appellate Court affirms because "the
enactment of statute seems to be in response to suits like
this one, which attempt to apply theories of tort liability
to the significantly regulated industry of manufacturers,
distributors, and dealers of firearms." Plaintiff waived
constitutional attack on statute by not raising it to Trial
Court.
Missouri
Court
of Appeals Eastern District, St. Louis , Missouri .
Statute
Of Limitations Does Not Revive Claim For Childhood Sexual
Abuse
Harris
v. Hollingsworth
Missouri
personal
injury lawyer action for battery, and other physical and emotional
abuse, expired before new statute relating to childhood sexual
abuse was effective. Statute "does not apply retroactively
to resuscitate claims that were already barred at the time
it became effective." Dismissal affirmed.
Missouri Court of Appeals Western District , Kansas City,
Missouri
No
Comparative Fault When Bus Hit Farm Vehicle
Ruzicka
v. Ryder Student Transportation Services, Inc.
In
this Polk County, Missouri personal injury lawyer case, the
trial court did not err in denying a comparative fault instruction
because no evidence showed that Plaintiff drove farm machine
on highway negligently prior to the accident. No plain error
review for evidence of Plaintiff´s injuries without
a specific objection. Evidence of advance payment of personal
injury claim did not prejudice Defendant. Trial Court did
not err in denying remittitur of $2.4 million verdict won
by Missouri bus accident lawyer.
Missouri
Court
of Appeals Southern District, Springfield , Missouri
Liability
for Missouri Personal Injury Claim in FELA Railroad Case
Cupp
v. National Railroad Passenger Corporation
On
Site Seller that built and sold maintenance facility had a
duty to persons in facility, even though Railroad owned the
facility, because Seller retained control of the work and
machinery in the facility. In this St. Louis Missouri personal
injury lawyer case, no instruction on Railroad´s knowledge
of the unsafe condition was necessary because Employee showed
evidence of Railroad´s knowledge of the unsafe condition.
Evidence of subsequent remedial measures was admissible because
measures were planned before injury.
Missouri
Court
of Appeals Eastern District, St. Louis , Missouri
Waiver
Clause Did Not Waive Missouri Personal Injury LAwyer Claim
for Negligence
Frank
v. Mathews
In
this Clay County Missouri personal injury case, Plaintiff,
horse riding student, agreed to "release and hold harmless
Defendant from any and all liability to or claim for injury
. . . which may result from my use of such facility . "
Such release, like Equine Liability Act that it quoted, immunizes
equine facilities only as to assumed risks inherent in riding,
and did not apply to allegations of trainer negligence that
may have caused horse riding injury. Defendants´ summary
judgment reversed.
Missouri
Court of Appeals Western District ,
Kansas City, Missouri
Immunity
From Wrongful Anatomical Gift
Schembre
v. Mid-America Transplant Association
Decedent´s
family claimed that negligence of Hospital, its Employee,
and Transplant Service caused them to sign away Decedent´s
body parts under Uniform Anatomical Gift Act. Record showed
no negligent act or lack of good faith by Transplant Service
in this St. Louis Missouri personal injury lawyer case; summary
judgment in its favor affirmed. Summary judgment in favor
of Hospital and Employee reversed because Employee´s
representations were in dispute. "In such a case, it
is not this tribunal´s duty to determine the credibility
of the witnesses or resolve these factual issues."
Missouri
Court
of Appeals Eastern District, St. Louis , Missouri
Claimant
Was Not Uncompensated Tort Victim
In
re: Tort Victim´s Compensation Fund: James Hollins,
Jr.
Claimant
did not qualify for uncompensated tort victims fund because
he settled with a tortfeasor for less than policy limits in
previous St. Louis Missouri personal injury case. Labor and
Industrial Relations Commission may adopt ALJ´s findings.
Case dismissed for late filing, though such filing was pursuant
to Commission´s instructions.
Missouri
Court
of Appeals Eastern District
Denial
Of Uncompensated Tort Victim Benefits Upheld
Skabialka
v. Tort Victim Compensation Fund, Respondent.
Non-resident
has no appeal from denial of Tort Victim Compensation Fund
award, and her appeal is dismissed. "Uncompensated tort
victim" is eligible for award, but not automatically
entitled. Substantial evidence supported denial of award in
this St. Louis personal injury lawyer lawsuit.
Missouri
Court
of Appeals Eastern District, St. Louis , Missouri
Missouri
Personal Injury Statute Of Limitations Starts Running When
Injury Detected
Grady
v. Amrep, Inc.
In
this St. Louis Missouri personal injury lawyer case, Plaintiff
dismissed first lawsuit and filed second lawsuit. Dismissal
bore two date stamps. Defendant sufficiently raised statute
of limitation by citing statute in motion. Statute of limitations
on claim for personal injury damages from dangerous chemical
exposure began with exposure because "Plaintiff immediately
experienced symptoms and knew what had caused them . "
Law suit certificate of service matching earlier date showed
that Plaintiff did not file second lawsuit within one year
of dismissal.
Missouri
Court
of Appeals Eastern District, St. Louis , Missouri
Liability
of Social Host for Missouri Personal
Injury Drunk
Driving Car Accident Discussed
Gabelsberger
v. Hake
Missouri
personal
injury lawyer lawsuit stated no cause of action for negligence
because drunk driver's consumption of alcohol and voluntary
intoxication were the proximate cause of car accident victim's
death, not the supplying of the alcoholic beverages to driver
by Defendant. Defendant was not subject to Missouri personal
injury liability under Dram Shop law because he was not in
the business of supplying alcohol.
Missouri
Court of Appeals Western District ,
Kansas City, Missouri
Evidence
Did Not Show Causation
Payne
v. City of St. Joseph , Missouri
Plaintiff
fell from transfer station, where refuse for landfill is unloaded.
Trial Court properly granted City´s motion for judgment
notwithstanding the verdict on claim based on dangerous condition
of property. Appellate Court affirms because Plaintiff failed
to show causation in fact, in that he did not show what barrier
would have prevented his fall without making the transfer
station unusable.
Missouri
Court of Appeals Western District ,
Kansas City, Missouri
Missouri
Personal Injury Liability Discussed
Steward
v. Baywood Villages Condominium Association
In
this St. Louis Missouri personal injury lawyer case, contractor
had no duty to keep surfaces clear of snow and ice, only to
clear surfaces twice a day. Injured Plaintiff´s testimony
did not show that she slipped on snow or ice. "If a party
testifies to facts within his or her knowledge that defeat
his or her case, that party cannot rely on contradictory testimony
to make a submissible case." Directed verdicts affirmed.
Missouri
Court
of Appeals Eastern District, Saint Louis , Missouri
Time
Runs Out Before Full Damage Known
Glover
v. Palmer
In this Jasper County, Missouri personal injury lawsuit, a
Jasper County, Missouri personal injury lawyer brought action
more than two years after injury victim allegedly discovered
personal injuries "to her entire spine and all of her
internal organs, to all her muscles, ligaments, bones, sinews,
arteries and blood vessels." In raising Missouri statute
of limitations defense, Defendant alleged that victim did
not know the full extent of her injuries until later. Appellate
Court affirms Jasper County , Missouri Trial Court's dismissal
of personal injury law suit because time begins running when
injury damage is known, not full extent of injury damage.
Missouri Court of Appeals Southern District, Springfield ,
Missouri
Joplin couple, 2
teen sons die in eastern Oklahoma crash
A Joplin family's
trip to Dallas ended in tragedy Sunday when the car was struck
by a tractor-trailer and caught fire.
Killed in the crash were Robert Hayes, 52, his wife, Melissa,
41, and sons Tyler, 15, and Colby, 14.
Sgt. Brent Crittenden of the Pryor (Okla.) Police Department
said witnesses reported that the Hayes' vehicle stopped about
1:15 p.m. for a traffic light at U.S. Highway 69 and Southeast
49th Street.
“The family had pulled up to the stoplight in the right-hand
lane,” Crittenden said. “They were then struck from behind
by the rig headed southbound.”
Counselors at Joplin High School have been made available
to students, Superintendent Jim Simpson said Monday. Tyler
was a student at Joplin High School and was active in the
school's JROTC program.
“They get pretty close in that program,” Simpson said. “Counselors
have been over at the high school talking to students and
breaking the news to them.”
Colby was an eighth-grader at Memorial Middle School until
about two weeks ago, when his mother decided to home-school
him, Simpson said.
Melissa Hayes was driving the family's 2000 Ford Crown Victoria,
Crittenden said. The truck driver, who was able to walk away,
was driving a 2007 Freightliner.
Crittenden said authorities are not releasing the name of
the driver or the trucking company, pending further investigation.
He said the Oklahoma Highway Patrol will assist with an accident
re-creation before officials decide whether to file any charges
against the truck driver, who is a 53-year-old man from Mesa,
Ariz. He was driving on business and apparently was not under
the influence of any intoxicants, Crittenden said.
“Right now, the report is pending,” he said. “We want to do
a complete reconstruction of the accident to determine exactly
what happened before we request charges.”
The truck driver was still in a Mayes County hospital as of
Monday afternoon. Charges, if any, would be filed by the end
of the week, Crittenden said.
Dallas trip
Sgt. Brent Crittenden of the Pryor Police Department said
the Hayes family was expected Sunday night in Dallas, where
one of the children was scheduled for a medical procedure.
Semi rear-ends car,
3 children killed
03/21/2008
EDGAR SPRINGS, Mo. -- Three young girls are dead after an
18-wheeler plowed into the rear of a car that had stopped
for construction on U.S. 63 in south-central Missouri.
The Highway Patrol said 11-year-old Christel Miess, 5-year-old
Gracey Miess and their infant sister Gaberielle Miess died
in the crash at 3 p.m. Thursday. The children were pronounced
dead at the scene. Troopers said all of them were wearing
safety devices.
Their mother Christina Miess and the driver of the car, Mark
Barton, were injured and taken to area hospitals.
All five are from Licking, 15 miles south of the crash site
near Edgar Springs in Phelps County.
The 38-year-old truck driver -- Alvin Lewis of Rolla -- was
not seriously injured.
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