DON E. BURRELL, Presiding Judge. Kenneth Hall and Rhonda Kelso ("Plaintiffs") appeal the judgment dismissing their class action damages petition against John Podleski, the law firm of Crandall & Podleski, P.C., Gayle Crane, and the law firm of Sotta & Crane, P.C., (collectively, "Defendants"). Plaintiffs' petition, filed in the probate division of the circuit court, alleged that Defendants "were the attorneys for Rita Hunter[,] Public Administrator [("PA"),] who has been appointed [Plaintiffs']...
PER CURIAM: The State of Missouri appeals the trial court's order dismissing without prejudice the charge against Christopher Triplett, respondent, following the trial court's decision to sustain Triplett's motion to suppress evidence. We dismiss the appeal. Statement of Facts Respondent Christopher Triplett was involved in a vehicular accident on I-29 in Platte County, Missouri. The incident occurred as he was passing a semi-tractor trailer driven by Laverne Brown on a snowy and ice-covered...
JOSEPH M. ELLIS, Judge. June Nguyen and Bob Haynes ("the Plaintiffs") appeal from the Circuit Court of Jackson County's dismissal of Dr. Chris Small, Theresa Nelson, Keri Peterson, Ryan Evans, Francie Aumua, Robin Wagoner, and Denise Beach from a wrongful death action filed by Plaintiffs related to the death of their eleven-year-old daughter, Sabrina Nguyen, resulting from a head injury Sabrina sustained at school. The circuit court concluded that these individual defendants were protected...
GARY W. LYNCH, Judge. Amanda Simmons, James Simmons, and Barbara Simmons 1 (collectively "Plaintiffs") appeal the trial court's judgment in their wrongful-death action entered after a jury verdict in favor of Heartland Wood Products, Inc. ("Heartland"). The jury assigned fault to both the decedent and the decedent's father, absolving Heartland of any liability in the decedent's death as a result of a construction accident. Plaintiffs claim that the trial court erred by admitting a video re-...
DON E. BURRELL, Presiding Judge. Allen C. Wessel ("Defendant") appeals his conviction of the class D felony of driving while intoxicated ("DWI"). See sections 577.010 and 577.023.3. 1 In a single point relied on, Defendant asserts that "the evidence was insufficient to establish beyond a reasonable doubt that [Defendant] `operated' the vehicle he was in." Finding no merit in Defendant's claim, we affirm. Standard of Review In reviewing the sufficiency of the evidence to support a jury's...
PATRICIA L. COHEN, Presiding Judge. Introduction Scott Beine (Claimant) appeals the judgment of the Labor and Industrial Relations Commission (Commission) denying his claim for workers' compensation benefits for injuries he sustained while participating in a charity golf tournament. Claimant asserts the Commission erred in finding that: (1) Claimant's injuries did not arise out of or in the course of employment; (2) Claimant's participation in a "recreational activity" was the prevailing...
PATRICIA L. COHEN, Presiding Judge. Introduction Staci Adams (Claimant) appeals from the decision of the Labor and Industrial Relations Commission denying payment of a trade readjustment allowance (TRA) under the Trade Act of 1974 ("Trade Act") on the grounds that she failed to file a timely request for a training waiver. Claimant contends that the Commission erred in refusing to apply the doctrine of equitable tolling to extend the relevant statutory deadlines. We reverse and remand for...
GARY W. LYNCH, Judge. Bradley L. Brown, Jr. ("Defendant"), appeals the trial court's judgment convicting him of domestic assault in the first degree, see section 565.072, RSMo Cum. Supp.2007, and armed criminal action, see section 571.015, and sentencing him as a prior and persistent offender to consecutive sentences of twenty years' imprisonment and ten years' imprisonment, respectively. 1 Defendant challenges the trial court's admission of testimony identifying the specific controlled...
JAMES M. SMART, JR., Judge. Jeffery Spain appeals the decision of the Labor and Industrial Relations Commission ("Commission") denying him unemployment benefits based upon a finding that he was discharged for misconduct connected with work. We affirm. Factual and Procedural Background Jeffery Spain was employed as a dock worker and forklift operator by R & L Carriers Shared Services ("R & L") from September 2, 2008 until May 6, 2010. His job duties included operating a forklift for the...
ROY L. RICHTER, Judge. In this court tried case, AllStar Capital, Inc. ("AllStar") brought suit against Jonathon Wade ("Wade") for failure to pay on a promissory note. Finding that Wade had defaulted on his repayment obligations under the note, the trial court entered judgment for AllStar and against Wade. Wade brings two claims of error on appeal: (1) the trial court erred because AllStar failed to prove its corporate existence, and (2) the trial court erroneously disallowed the application...
DANIEL E. SCOTT, Judge. Appellant challenges that part of a judgment which quiets title to .14 acres of land. 1 We summarize the evidence in the light most favorable to the judgment, consistent with our standard of review. See Houston v. Crider, 317 S.W.3d 178 , 186 (Mo.App.2010). Background In 1936, a half-acre tract near Fairdealing was deeded to "[t]he Pentecostal Assembly of Jesus Christ of this community and the Board of Trustees and their [sic] successors." Church members have met...
KENNETH M. ROMINES, J. Background and Procedural History Appellant Timothy Schweitzer worked as a plumber for Respondent Sinak Plumbing, Inc. for approximately twenty-five years. On Monday, 13 September 2010, Schweitzer came in to work and resigned. He spoke only with office manager Angie Weber on that day, and he told her that he was resigning because he needed to access funds from his 401k. Schweitzer filed for unemployment compensation benefits on 15 September 2010. Schweitzer cited...
PER CURIAM. Defendant, Lathan Harrington, appeals from a judgment entered on a jury verdict finding him guilty of two counts of first-degree statutory rape, in violation of section 566.032 RSMo (2000); 1 four counts of first-degree statutory sodomy, in violation of section 566.062; first-degree child molestation, in violation of section 566.067; second-degree statutory rape, in violation of section 566.034; two counts of second-degree statutory sodomy, in violation of section 566.064; three...
PER CURIAM. The Empire District Electric Company ("Empire") and the City of Branson, Missouri ("Branson"), separately appeal from the trial court's "Judgment" entered on January 14, 2010 ("the 2010 Judgment"), arising out of a quiet title action. The 2010 judgment found that Douglas L. Coverdell ("Mr. Coverdell") and Coverdell Enterprises, Inc. ("Coverdell Enterprises") (collectively "Respondents") were the fee simple owners of certain properties located on a peninsula bounded by Roark Creek...
KAREN KING MITCHELL, Presiding Judge. This is an insurance company liquidation case. The appellant is a foreign guaranty association that paid the claim of a person who was insured by an insurance company that was liquidated in Missouri. Respondent Huff is the director of the department of insurance, who oversaw the liquidation of the insurance company. The primary issue is whether the guaranty association is entitled to reimbursement for its general administrative expenses, which it claims to...
PER CURIAM: Donna Lindahl ("Plaintiff") filed suit against the State of Missouri and the Missouri Army National Guard ("Defendant") for sex harassment, sex discrimination, and retaliation pursuant to the Missouri Human Rights Act, section 213.010 1 et seq., as it pertained to her prior employment with Defendant. 2 After a jury trial based solely on Plaintiff's retaliation claim, the jury returned a verdict that awarded Plaintiff no actual damages and $500,000 in punitive damages....
KURT S. ODENWALD, Chief Judge. Introduction Appellant Susan Plenge (Plenge) appeals from the trial court's dismissal of her counterclaims against Respondent Eugene Calvert (Calvert) upon Calvert's motion for summary judgment in an underlying property dispute. The trial court found that there was no issue of material fact that Plenge failed to assert her counterclaims against Calvert before the expiration of the statute of limitations. For the reasons below, we affirm. Factual and Procedural...
KENNETH M. ROMINES, J. Background and Procedural History Randy Nickless (Employee) challenges the Labor and Industrial Relations Commission's (Commission) denial of unemployment benefits. Employee claims that there was not substantial evidence to support the Commission's findings of fact, and that his actions, or more accurately his inactions, did not amount to misconduct. Prior to his discharge, Employee had been employed at Saint Gobain Containers (Employer) as a warehouse drive loader...
ROBERT M. CLAYTON III, Judge. The Director of Revenue ("DOR") appeals from a judgment entered in the Circuit Court of St. Louis County reinstating the driving privileges of Mark Scheumbauer, whose privileges had been suspended following his arrest for driving while intoxicated. We reverse and remand. I. BACKGROUND On January 28, 2010, Missouri State Trooper Croft stopped Mark Scheumbauer for speeding. When Trooper Croft approached the vehicle, he observed that Scheumbauer was not wearing his...
KATHIANNE KNAUP CRANE, Presiding Judge. Defendant appeals from a judgment entered on a jury verdict finding him guilty of assault in the second degree, in violation of section 565.060 RSMo (2000); 1 armed criminal action, in violation of section 571.015; and unlawful use of a weapon, in violation of section 571.030. The trial court found defendant to be a prior and persistent offender and sentenced him to three years' imprisonment on the assault count, seven years' imprisonment on the armed...
