220 results for 'court:"Missouri Court Of Appeals"'.
J. Page finds that the lower court properly found for the employee and awarded him $2.4 million after assessing 25% fault to him personally. The employee's expert used reasonably methodology to calculate the employee's lost earning capacity as a result of his knee injury sustained while working on a vessel. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: October 31, 2023, Case #: ED111416, Categories: Maritime, Tort, Damages
J. Ahuja finds that the lower court properly found for the state auditor, which prepared fiscal notes estimating the costs or savings to local governments for six different proposed pro-abortion initiative petitions, on a challenge from conservative voters. The fiscal notes' properly included various estimates on the economic costs of liberalized access to abortion. Affirmed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: October 31, 2023, Case #: WD86594, Categories: Administrative Law, Constitution, Agency
J. Torbitzky finds that the lower court properly denied defendant's petition for removal from the Missouri sex offender registry. Defendant is required to register even though his statutory rape conviction occurred prior to 1979, the effective date of the state law, because he is required to register under federal law, which is a separate and independent basis for registration. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: October 24, 2023, Case #: ED111321, Categories: Administrative Law
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J. Witt finds that the lower court improperly ruled for the retirement system, finding that the bank breached its contract by not returning $481,000 paid into the bank account of a dead employee whose family never notified the retirement system of her passing in 1969. Rather, the bank only returned the funds in the account at the time of the reclamation request, or $14,000. There is no law requiring banks to verify that their customers are alive, or are who they represent themselves to be on an ongoing basis. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 24, 2023, Case #: WD85795, Categories: Pensions, Banking / Lending, Contract
J. Thomson finds that the lower court improperly found the police officer was not eligible for duty-related disability retirement. There is no dispute that the officer's PTSD and depression arose exclusively from his employment, and that he is currently unable to perform his duties as a police officer due to his occupational disease. Reversed.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: October 24, 2023, Case #: WD85492, Categories: Administrative Law, Employment
J. Witt finds that the lower court properly found for the waste management district in a declaratory judgment action over a change in law that no longer requires waste management districts to enter into Financial Assistance Agreements with the state as a prerequisite to receiving grant funds from the Solid Waste Management Fund. The law now provides that 61% of funds must be directly distributed to management districts without preconditions on how that funding will be used. The waste management district is entitled to attorneys' fees on appeal. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 24, 2023, Case #: WD85984, Categories: Environment, Agency, Attorney Fees
J. Chapman finds that the lower court properly convicted the defendant police officer of involuntary manslaughter for fatally shooting an unarmed man at his home while backing up another officer. The evidence supports a finding that the officer was not acting in self-defense or in defense of another officer when he shot and killed the victim. Not only did the officer intend to fire his gun, but his very entry into the curtilage of the victim’s residence was unlawful. Affirmed.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: October 17, 2023, Case #: WD85232, Categories: Search, Self Defense, Manslaughter
J. Quigless finds that the Missouri Mining Commission properly denied the sandstone mining company's application for a permit to conduct surface mining operations because it did not obtain written consent of all parties with an interest in the land prior to applying for the permit. Affirmed.
Court: Missouri Court Of Appeals, Judge: Quigless, Filed On: October 17, 2023, Case #: ED111424, Categories: Administrative Law, Agency
J. Witt finds that the lower court properly convicted defendant of abuse of a child and sentenced him to five years in prison. The jury instructions did not impermissibly allow the jury to convict defendant based on non-unanimous findings. Rather, they properly required the jury to find that the father inflicted the injuries on his child due to her issues potty-training. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 10, 2023, Case #: WD85526, Categories: Child Victims, Jury Instructions
J. Gardner finds that the lower court improperly dismissed as untimely the delivery driver's appeal of a finding he had been overpaid $4,900 in regular and $11,000 in pandemic unemployment benefits because he left his job voluntarily. The driver's May 25 letter should have been treated as an appeal of the division's determination, rather than as an application for review of the appeals tribunal's decision. Reversed.
Court: Missouri Court Of Appeals, Judge: Gardner, Filed On: October 10, 2023, Case #: ED110938, Categories: Administrative Law, Civil Procedure, Employment
J. Witt finds that the lower court improperly found for the insurer in a suit seeking damages for an employee's asbestos exposure while working for its predecessor in the 1970s. A genuine issue of material fact remains as to whether the insurer had a valid policy of workers' compensation insurance with enhanced mesothelioma benefits at the time she filed her workers' compensation claim. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 10, 2023, Case #: WD85464, Categories: Asbestos, Workers' Compensation
J. Gabbert finds that the lower court improperly found for the homeowners' association, ruling that the couple breached the homeowner agreement by providing child care services from their single family residential home. The association's interpretation of the agreement would prohibit any resident from engaging in any work activity from their home, so the restriction is overbroad and cannot be enforced. It is undisputed that the family lives full-time at the property where it also operates as a home day care. Reversed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: October 10, 2023, Case #: WD85837, Categories: Property, Contract
J. Odenwald finds that the lower court properly dismissed the grandparents' petition for adoption of their grandson. The record supports the finding that the mother neither abandoned nor neglected the child, as she made efforts to visit her son and often had no response from the grandparents. Affirmed.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: October 3, 2023, Case #: ED110726, Categories: Family Law
J. Growcock finds that the lower court properly convicted defendant of misdemeanor trespass. A witness's testimony that defendant was too "unruly" for police to take a booking photo was not unduly prejudicial. Affirmed.
Court: Missouri Court Of Appeals, Judge: Growcock, Filed On: October 2, 2023, Case #: SD37531, Categories: Trespass
J. Gaertner finds that the lower court properly found for the infertility clinic in a suit stemming from its fertilization of the wife's eggs with semen she provided - which was from her paramour, rather than her husband. The husband had multiple opportunities to realize that the sperm used to create the embryo transferred to a surrogate could not have been his, because it predated the lone sample he provided to the clinic. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: September 26, 2023, Case #: ED111405, Categories: Tort, Emotional Distress
J. Gaertner finds that the lower court improperly dismissed a minor's suit against the mental health center after an employee recognized him as her daughter's former boyfriend, accessed his records, then told her daughter about his treatment, who then repeated his medical information to other kids at school, resulting in his being bullied. The minor's claims are for the breach of duty of confidentiality, which are not related to his medical treatment, and therefore he was not required to file a medical affidavit. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: September 26, 2023, Case #: ED111339, Categories: Privacy, Medical Malpractice
J. Martin finds that the lower court properly denied defendant's motion for post-conviction relief based on his counsel's failure to call a witness whose testimony could allegedly have supported a misidentification defense. The witness's testimony would not have provided defendant a viable defense in light of defendant's confession to assault and robbery. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: September 26, 2023, Case #: WD85758, Categories: Ineffective Assistance, Robbery
J. Martin finds that the lower court properly convicted defendant of operating a motor vehicle in a careless manner causing an accident. A reasonable jury would find that operating a skid loader on the highway in the dark without posting any warning signs was careless. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: September 26, 2023, Case #: WD85805, Categories: Vehicle