Justia Injury Law Opinion Summaries

Scott Frey was injured while riding his bike on the Katy Trail in March 2020. He alleged that his injury occurred when his bike tire became lodged between wooden motor-vehicle reinforcements on a bridge managed by the Department of Natural Resources. Frey had not paid any fee to enter the trail and was using it for recreational purposes. The department had installed the reinforcements shortly before the accident and had posted warning signs about the rough surface.Frey filed a personal injury lawsuit against the department, claiming the bridge's condition was dangerous due to the department's negligence. The department sought summary judgment, arguing it was protected from liability under the Recreational Use Act and the doctrine of sovereign immunity. The circuit court denied the department's motion, and the department's request for a writ of prohibition was also denied by the court of appeals.The Supreme Court of Missouri reviewed the case and determined that the Recreational Use Act provided the department with immunity from liability. The court found that the department met all the criteria for immunity under the Act: it owned the land, Frey entered without charge, and his entry was for recreational purposes. The court also concluded that the exceptions to the Act's protections did not apply, as there was no evidence of malicious or gross negligence by the department, nor was the condition of the bridge considered ultrahazardous. Consequently, the court made the preliminary writ of prohibition permanent, effectively barring Frey's claims against the department. View "State ex rel. Department of Natural Resources v. Crane" on Justia Law

Melissa Moody sustained an injury while performing a push press exercise during a group class led by a trainer from Dynamic Fitness Management Ltd. at a gym in St. Louis. Moody, who had been a member of the gym since 2011, was instructed by the trainer to perform the exercise with increasing weights. After successfully completing two repetitions at 85 pounds, she felt pain during the third repetition, leading to a herniated disc and subsequent surgeries. Moody sued Dynamic for negligence, claiming the trainer failed to properly assess her fitness and supervise her during the exercise.The Circuit Court of the City of St. Louis held a jury trial, which resulted in a verdict in favor of Moody. The jury awarded her $1 million in damages, attributing 70 percent fault to Moody and 30 percent to Dynamic. Consequently, the court entered a judgment for Moody in the amount of $300,000 plus post-judgment interest. Dynamic filed a motion for a new trial, which was overruled by operation of law when the court did not rule on it within the required timeframe. Dynamic then appealed the decision.The Supreme Court of Missouri reviewed the case and affirmed the circuit court’s judgment. The court found that Dynamic failed to preserve its claims of error for appellate review, particularly because it did not file a motion for judgment notwithstanding the verdict (JNOV) as required by Rule 72.01(b). Additionally, the court held that Dynamic did not preserve its claim related to spoliation because it failed to object at trial when the adverse inference admissions were read to the jury. The court also determined that the jury instruction given did not constitute a roving commission, as it complied with the applicable Missouri Approved Instructions and was supported by sufficient evidence. View "Moody v. Dynamic Fitness Management, LTD." on Justia Law

Presley Karlin, a 17-year-old, was injured at Urban Air Springfield, a trampoline and adventure park, due to allegedly inadequate protective cushions. After turning 18, Karlin sued Urban Air for negligence. Urban Air responded by filing a motion to compel arbitration based on an arbitration agreement signed by Karlin’s mother on his behalf. Karlin argued that his mother lacked the authority to sign the agreement and that the agreement only applied to claims arising on the day it was signed, not to his injury four months later.The Circuit Court of Greene County overruled Urban Air’s motion to compel arbitration. Urban Air appealed, limiting its arguments to the arbitration agreement signed by Karlin’s mother. The court reviewed the case de novo, focusing on whether the arbitration agreement contained a delegation clause that required threshold issues of arbitrability to be decided by an arbitrator.The Supreme Court of Missouri found that the arbitration agreement did contain a delegation clause, which required any disputes about the scope, arbitrability, or validity of the agreement to be settled by arbitration. Since Karlin did not specifically challenge the delegation clause itself, the court held that the clause was valid and enforceable. Consequently, Karlin’s claims regarding the validity and scope of the arbitration agreement must be presented to the arbitrator.The Supreme Court of Missouri vacated the circuit court’s order and remanded the case with instructions to sustain Urban Air’s motion to compel arbitration. View "Karlin vs. UATP Springfield, LLC" on Justia Law

In 2019, fourth-grader D.J. was attending KIPP Victory Academy, which had contracted with First Student, Inc. to transport students. On October 23, 2019, substitute bus driver Tomika Richardson dropped D.J. off at the wrong corner of an intersection. The next day, Richardson again dropped D.J. off at the same incorrect location. As D.J. crossed the street, a vehicle maneuvered around the bus and struck him, causing injuries. The hit-and-run driver was never identified. D.J., through his mother, sued First Student and Richardson, alleging negligence.The case went to trial in the Circuit Court of St. Louis. The jury found in favor of Richardson on one count but ruled in favor of D.J. on another count, awarding $1.3 million in damages. The circuit court overruled First Student's motions for judgment notwithstanding the verdict (JNOV) and a new trial, leading to First Student's appeal.The Supreme Court of Missouri reviewed the case. The court held that the criminal act of the hit-and-run driver was an intervening and superseding cause, breaking the causal chain and relieving First Student of liability. The court determined that D.J. failed to prove that First Student's actions were the proximate cause of his injuries. Consequently, the Supreme Court of Missouri vacated the circuit court's judgment and remanded the case with instructions to enter judgment in favor of First Student. View "D.J. v. First Student, Inc." on Justia Law

Great Plains Trucking Inc. and Lennis H. Beck (defendants) appealed a circuit court judgment in favor of Carrie S. Schultz and Robert C. Schultz, Sr. (plaintiffs), surviving parents of Robert C. Schultz, Jr., in a wrongful death action. Beck, a truck driver for Great Plains, collided with the plaintiffs' vehicle, resulting in the death of their son. The collision occurred in Wentzville, Missouri, under dark and rainy conditions. The plaintiffs' vehicle had fishtailed and was struck by another vehicle before Beck's truck collided with it.The Circuit Court of St. Charles County held a jury trial, which resulted in a verdict awarding the plaintiffs $10,000,000 in compensatory damages, $10,000,000 in aggravating circumstances damages against Great Plains, and $25,000 in aggravating circumstances damages against Beck. The circuit court entered judgment in accordance with the jury's verdicts and awarded post-judgment interest. The defendants filed a post-trial motion for a new trial or judgment notwithstanding the verdict, which the circuit court overruled. The defendants then appealed.The Supreme Court of Missouri reviewed the case and affirmed the circuit court's judgment. The court found that the defendants did not preserve their claims of error for appellate review or that their preserved claims failed on the merits. Specifically, the court held that the defendants failed to preserve the issue of excluding expert testimony regarding the mother's impairment by THC because they did not object at trial. Additionally, the court found that the defendants did not preserve their objection to the participation of separate counsel for the plaintiffs throughout the trial.The court also held that there was substantial evidence to support the jury's finding that Beck failed to keep a careful lookout and that the jury's award of aggravating circumstances damages against both Beck and Great Plains was supported by sufficient evidence. The court concluded that Beck's multiple violations of the Missouri CDL manual and Great Plains' acceptance of Beck's conduct demonstrated complete indifference or conscious disregard for the safety of others. View "Schultz vs. Great Plains Trucking, Inc." on Justia Law

A nurse at a Missouri Department of Mental Health facility assaulted Vernell Beach, a non-verbal, developmentally disabled patient. The nurse was charged with second-degree assault and armed criminal action. Beach's legal guardian sued the nurse, who did not respond to the lawsuit, resulting in a default judgment. The nurse later pleaded guilty to third-degree assault, and the attorney general withdrew from representing her. A second default judgment awarded Beach $8 million plus interest. When the state refused to pay from the State Legal Expense Fund, Beach sought a writ of mandamus in the Cole County circuit court.The Cole County circuit court granted a permanent writ of mandamus directing the state to release the funds to satisfy the judgment. However, the court did so without first issuing a preliminary order in mandamus, which is required to initiate responsive pleadings and allow the state to contest the facts and raise defenses.The Supreme Court of Missouri reviewed the case and found that the circuit court's failure to issue a preliminary order in mandamus materially affected the merits of the action. The preliminary order is essential for initiating responsive pleadings and ensuring a fair process. Consequently, the Supreme Court of Missouri vacated the circuit court's judgment and remanded the case for further proceedings consistent with its opinion. View "Beach v. Zellers" on Justia Law

Jeromy McCrackin filed a wrongful death action against Tynan Mullen for the death of McCrackin’s son, who was shot and killed outside a pool hall in 2019. Safeco Insurance Company of America had issued a homeowners insurance policy to Mullen’s grandmother, with whom Mullen allegedly lived at the time. Mullen was indicted for first-degree murder and armed criminal action but pleaded guilty to first-degree involuntary manslaughter and armed criminal action. McCrackin offered to settle the wrongful death claim against Mullen in exchange for Safeco’s agreement to pay the total liability coverage limits, which Safeco declined, stating the policy excluded coverage for intentional acts.The Circuit Court of Jackson County overruled Safeco’s motion to intervene in the wrongful death action for the purpose of seeking a stay until a separate federal declaratory judgment action could be resolved. Safeco had filed the federal action to determine whether it had a duty to defend or indemnify Mullen. The circuit court held a bench trial in the wrongful death action, overruled Safeco’s motion to intervene, and entered a judgment against Mullen, awarding McCrackin $16.5 million in damages.The Supreme Court of Missouri reviewed the case and held that Safeco had a right to intervene in the wrongful death action pursuant to Rule 52.12(a)(2) for the limited purpose of seeking a stay. The court found that Safeco had an interest in the wrongful death action and that the disposition of the action could impair or impede its ability to protect that interest. The court vacated the circuit court’s judgment and remanded the case for further proceedings consistent with its opinion. The court did not direct how the circuit court should rule on the motion to stay, leaving that decision to the lower court. View "McCrackin vs. Mullen" on Justia Law

In 2012, Dane Templeton suffered an injury to his right knee and thigh after being thrown from a golf cart. Dr. Charles Orth operated on Templeton’s injured leg and provided follow-up care for several months. In 2015, Templeton returned to Dr. Orth due to swelling in his knee, prompting another surgery and more follow-up care that lasted until August 2016. However, Templeton decided to seek a second opinion from Dr. Michael Tilley in September 2016. After receiving an alternative treatment plan from Dr. Tilley, Templeton decided to follow this new plan and stopped taking the antibiotics prescribed by Dr. Orth. On October 9, 2018, Templeton filed a lawsuit against Dr. Orth for medical malpractice, alleging negligence in his treatment.Dr. Orth sought summary judgment, arguing that the lawsuit was barred by the two-year statute of limitations. According to Dr. Orth, Templeton ended the physician-patient relationship when he sought treatment from Dr. Tilley without following up with Dr. Orth. The circuit court agreed with Dr. Orth, concluding that the lawsuit was indeed barred by the statute of limitations. Templeton appealed this decision, arguing that the continuing care doctrine should have tolled the statute of limitations.The Supreme Court of Missouri affirmed the circuit court's judgment. The Supreme Court determined that Templeton had actively ended the continuing care relationship with Dr. Orth when he chose to follow Dr. Tilley's treatment plan and stopped taking the antibiotics prescribed by Dr. Orth. As such, Templeton's lawsuit, filed more than two years after ending the physician-patient relationship, was barred by the statute of limitations. The Court clarified that the continuing care doctrine did not apply because the relationship had ended before the necessity for treatment had ceased. View "Templeton vs. Orth" on Justia Law

The Supreme Court of Missouri reversed a lower court's judgment in a negligence case involving a hospital and an individual who was shot on the hospital's property. The plaintiff, Steven Harner, had sued Mercy Hospital Joplin, alleging the hospital had breached its duty to protect him from the criminal acts of a third person on its property. The case revolved around the "known third person exception" to the general rule that businesses have no duty to protect invitees from the criminal acts of third parties. According to this exception, a duty may arise when a person known to be violent is present on the premises, or an individual is present who has conducted himself so as to indicate danger, and sufficient time exists to prevent injury. The court found that the defendant, Mercy Hospital, could not have reasonably foreseen that the third person in question, who had committed a non-violent theft on the premises prior to the shooting, would suddenly become violent. As such, the court held that Mercy Hospital did not owe a duty of care to Harner under the known third person exception and reversed the lower court's judgment. The case was remanded for further proceedings. View "Harner vs. Mercy Hospital Joplin" on Justia Law

The Supreme Court of Missouri ruled in favor of three employees of a medical facility, Jayla Ruiz Morales, John Kimani, and Valarie Johnson, who were sued for wrongful death by the legal guardian of a patient, Ronald Scheer. Scheer, a resident at the St. Louis Developmental Disabilities Treatment Center-St. Charles Habilitation Center, died after his wheelchair's belt constricted his breathing. The employees were accused of failing to adequately supervise Scheer, failing to ensure that his wheelchair's seatbelt and pelvic harness were properly fastened, among other allegations. The employees argued that they were entitled to official immunity, a doctrine that protects public officials from liability for acts of negligence committed during the course of their official duties. The lower court rejected this argument and the employees sought a writ of prohibition from the Supreme Court of Missouri.The Supreme Court of Missouri held that the employees were entitled to official immunity. The court found that the tasks they were required to perform were not ministerial (routine or mundane tasks) but required discretion. Tasks such as checking on the patient, repositioning him, and using a seat belt and pelvic harness required the employees to use judgment to determine if Scheer needed additional care, and if so, what care to be administered. Therefore, these tasks were not ministerial and the employees were entitled to official immunity. The court made its preliminary writ of prohibition permanent, barring the lower court from taking further action in the case. View "State ex rel. Jayla Ruiz-Morales v. Alessi" on Justia Law