MARK D. PFEIFFER , Judge . The Missouri Department of Corrections ("DOC") appeals the judgment of the Circuit Court of Cole County, Missouri, granting partial summary judgment to class plaintiffs corrections officers and their collective bargaining representative, Missouri Corrections Officers Association ("MCOA") (jointly referred to herein as "officers") on their breach of contract claim as to the issue of the compensability of the officers' pre- and post-shift required tasks; the amended...
OPINION Angela T. Quigless , J. The Director of Revenue ("Director") appeals from the judgment of the trial court reinstating the driving privileges of Earnie R. Thomas ("Mr. Thomas"). The Director asserts one point on appeal, arguing the trial court erred in finding Mr. Thomas' breath test results were inadmissible because they were obtained in violation of Section 577.037.5 RSMo (Cum. Supp. 2007) and Mr. Thomas' due process rights. We reverse the judgment and remand the case to the...
Philip M. Hess , Judge Introduction The St. Louis Regional Convention and Sports Complex Authority (the "RSA"), the City of St. Louis (the "City"), and St. Louis County (the "County") (collectively "Plaintiffs") sued The Rams Football Company, LLC ("Rams"), the National Football League ("NFL"), through its thirty-two member clubs, and the clubs' owners, including E. Stanley Kroenke ("Kroenke"), the Rams' owner (collectively "Defendants"), alleging five counts arising out of the Rams' 2016...
Karen King Mitchell , Chief Judge . The Missouri Chamber of Commerce and Industry (the Chamber) appeals the denial of its request for a declaratory judgment to the effect that the Missouri Campaign Contribution Reform Initiative of 2016 (Amendment 2) allows contributions from a corporation's treasury to a political action committee (PAC) established, administered, or maintained by the corporation. In its sole point on appeal, the Chamber argues that the trial court erred in concluding that...
ROBERT G. DOWD, JR. , Judge . This appeal arises from a lawsuit involving the parties' failed business relationship in which the plaintiffs asserted claims of a breached partnership, conversion, breach of contract and unjust enrichment. The results at trial were mixed, as is our disposition on appeal. We affirm in part and reverse in part. The parties' relationship had an inauspicious beginning. Lowell Aughenbaugh and Tim Williams met in jail, where they discussed cars and the used car...
Mark D. Pfeiffer , Judge . Mr. Michael E. Kohn and Ms. Catherine E. Kohn, husband and wife (collectively, "the Kohns"), appeal from the judgment of the Circuit Court of Cole County, Missouri ("trial court"), dismissing their petition for declaratory judgment against Mr. Joel W. Walters, Director of the Missouri Department of Revenue ("DOR"), for failure to state a claim upon which relief can be granted. We affirm. Facts and Procedural History 1 On February 13, 2005, the DOR assessed...
OPINION Colleen Dolan , Judge . Peter A. Nicolazzi ("Appellant") appeals the trial court's judgment in favor of Laura L. Bone ("Respondent") in Appellant's suit against Respondent asserting claims involving the parties' limited liability company, Young in Spirit Adult Day Care, LLC (the "LLC"). After a three-day bench trial, the trial court entered judgment in favor of Respondent, finding that Appellant had breached the LLC's operating agreement by failing to make the required capital...
OPINION JAMES M. DOWD , Judge . In this medical negligence-wrongful death case, Abraham J. Eoff and Crystal M. Eoff (Appellants), individually and as plaintiffs ad litem for Sophee R. Eoff (Decedent), appeal the trial court's judgment entered in favor of Jennifer K. McDonald, D.O., and Seasons Healthcare for Women, P.C. (Respondents) following a jury trial. Appellants claim that the court erred by denying them the right to ask the "insurance question." We agree and reverse and remand for...
Mark D. Pfeiffer , Judge . Ms. Sharon Hickman ("Hickman") appeals the judgment of the Circuit Court of Cole County, Missouri ("circuit court"), which reversed the decision of the Dismissal Review Committee, as adopted by the Circuit Court Budget Committee, reinstating Hickman's employment following her termination from employment with the Circuit Court of Jefferson County. We reverse the judgment of the circuit court. 1 Factual and Procedural Background 2 Mr. Michael Reuter was elected...
LAWRENCE E. MOONEY , JUDGE . In this action for personal injuries arising out of an automobile collision occurring on a private parking lot, Peter Barth argues the trial court erred in not submitting his proposed comparative-fault instruction, which hypothesized failure to yield the right-of-way as a ground to assess fault to the defendant. We affirm because Mr. Barth did not propose an acceptable instruction defining the phrase "yield the right-of-way," and we decline his invitation to...
Karen King Mitchell , Chief Judge . BNSF Railway Company (BNSF) appeals the denial of its motion for judgment notwithstanding the verdict following a jury trial and judgment awarding Thomas and Dana Tubbs (the Tubbses) 1 $2,598,000 in actual damages and $1,231,000 in punitive damages for BNSF's negligence in failing to provide adequate drainage for a portion of track that bisects the Tubbses' farm. BNSF argues that the trial court erred in denying BNSF's motion because the Tubbses...
ROBERT G. DOWD, JR. , Judge . The State appeals from the judgment dismissing its petition to civilly commit P.L. as a sexually violent predator. We reverse and remand. The State filed a petition asserting that P.L. met the criteria for civil commitment under Missouri's Sexually Violent Predator Act ("SVPA"). See Sections 632.480 RSMo, et seq. The State predicated its petition on P.L.'s conviction for attempted sexual assault on a child in Colorado, P.L. moved to dismiss the petition...
PHILIP M. HESS , Judge . Introduction The St. Louis Regional Convention and Sports Complex Authority (the "RSA"), the City of St. Louis (the "City"), and St. Louis County (the "County") (collectively "Plaintiffs") sued The Rams Football Company, LLC ("Rams"), the National Football League ("NFL"), through its thirty-two member clubs, and the clubs' owners, including E. Stanley Kroenke, the Rams' owner (collectively "Defendants"), alleging five counts arising out of the Rams' 2016 relocation...
Philip M. Hess , Judge . Introduction Vera Worley ("Appellant") appeals from the entry of summary judgment in the Circuit Court of Ste. Genevieve County on Appellant's claim for damages under an insurance contract with Cornerstone National Insurance Company ("Respondent") for underinsured motorist ("UIM") coverage. Appellant's sole point of error is the trial court erred by failing to determine she was entitled to the full UIM coverage under her policy. Appellant asserts the UIM limit of...
Philip M. Hess , Judge . Introduction This case arises from a dispute between the Honorable Chris Kunza-Mennemeyer, the Presiding Judge of the 45th Judicial Circuit (the "Presiding Judge") and Lincoln County (the "County") over the salary of the Juvenile Officer's attorney. The Presiding Judge appeals the trial court's judgment dismissing her writ of mandamus against the County, refusing her request for attorney fees, and denying her motion to disqualify the trial judge. We affirm in part...
Karen King Mitchell , Judge . Appellants James and Jill Baker, Jeffrey and Michelle Cox, and William and Linda Springer, as named representatives of a class certified in 2003, (collectively, Borrowers) appeal decisions by the Circuit Court of Clay County to grant three motions to dismiss and three motions for summary judgment, all of which were based on the same statute of limitations defense to Borrowers' claims against Respondents under the Missouri Second Mortgage Loan Act, 408.231-...
SHERRI B. SULLIVAN , J. Introduction Michael Bentz (Bentz) appeals from the trial court's December 20, 2016 Amended Order and Judgment (Amended Judgment or Amended Judgment by Interlineation) amending by interlineation its July 29, 2016 Findings of Fact, Conclusions of Law, Order and Judgment (Judgment or Initial Judgment) entered on Harry Keeven's one-count petition for Removal of Trustees, for the Appointment of a Special Fiduciary, Avoidance of Conflict of Interest Transactions, for an...
GARY W. LYNCH , J. Shelter Mutual Insurance Company ("Shelter") appeals a summary judgment declaring that under certain insurance policies it must indemnify Daniel Craig ("Insured") for $400,000 in damages sustained by Jennifer Lester and Abbigail Lester (referred to collectively as "the Lesters"). In two points, Shelter asserts that the judgment was erroneous because the policies unambiguously provide that Shelter's maximum liability is $100,000. Finding no merit in Shelter's points, we...
Alok Ahuja , Judge . The survivors of Joyce Oyler (collectively the "Oylers") brought a wrongful death petition against Hy-Vee, Inc. in the Circuit Court of Buchanan County. The petition alleged that the Hy-Vee pharmacy in St. Joseph negligently filled a prescription for Ms. Oyler with the wrong medication, causing her death. In addition to seeking compensatory damages, the Oylers' petition also sought additional damages for aggravating circumstances. During the trial of the Oylers' claims,...
Cynthia L. Martin , Judge . Missouri Public Entity Risk Management Fund ("MOPERM") appeals from the grant of summary judgment entered in favor of the County of Scotland, Missouri ("Scotland") and against MOPERM. MOPERM argues that the trial court erred in entering judgment in favor of Scotland and against MOPERM because two insurance policy exclusions negated MOPERM's duties to defend and indemnify Scotland. MOPERM also contends that the trial court erred in entering judgment in favor of...
