DANIEL E. SCOTT , Judge . Scott Spence was killed when a BNSF train struck his pickup at a rural crossing. His wife Sherry ("Plaintiff") sued for wrongful death. During voir dire, BNSF's attorney asked potential jurors whether they or a close family member had been in a motor vehicle accident. Some spoke up, but not panelist Cornell, whose son had died in an auto accident. BNSF's attorney talked with the responding panelists, then asked again: "Anybody else that I've missed, who's been in...
ROBERT M. CLAYTON III , Presiding Judge . The Regional Convention and Sports Complex Authority ("Relator") filed a petition for writ of mandamus seeking to compel the Honorable Michael D. Burton ("Respondent") to stay arbitration of the claims in Relator's petition for declaratory judgment and to reinstate the cause on the circuit court's docket. This Court issued a preliminary order in mandamus and ordered briefing. Our preliminary order in mandamus is made permanent. I. BACKGROUND A....
Karen King Mitchell , Judge . National General Insurance Online, Inc. (Insurer), appeals from the denial of its motion to intervene as a matter of right in an underlying personal injury lawsuit filed by Jeffrey Wunderlich (Husband) against Sharon Wunderlich (Wife). Insurer argues that the trial court erred in denying its motion to intervene because, as Wife's insurance carrier, Insurer had an absolute right to intervene to protect its interest when it offered to provide Wife a full...
ROY L. RICHTER , Judge . The Missouri State Highway Patrol ("Highway Patrol") appeals from the order and judgment of the Circuit Court of St. Louis County removing Petitioner Montrell James ("Petitioner") from the Missouri sex offender registry. We reverse. I. Background On October 2, 2012, Petitioner was indicted for attempted deviate sexual assault, two counts of armed criminal action and second-degree child molestation for his alleged actions on November 7, 2009, with regard to a 15-...
GARY W. LYNCH , P.J. In a two-count petition, Douglas White ("Employee") sued R.L. Persons Construction, Inc. ("RLP"), for unpaid prevailing wages under section 290.300 1 ("Count 1") and under a breach of contract claim as a third party beneficiary ("Count 2"). Following a bench trial, the trial court found that Employee failed to meet his burden of proof on both claims and entered judgment in favor of RLP. On appeal, Employee contends that the trial court erred because: (1) "it applied...
Nancy Steffen Rahmeyer , J. — Opinion Author. Krista Lea Chapman ("Mother") sent a "relocation letter," pursuant to section 452.377, 1 to Darren Lynn Chapman ("Father") and Father filed a formal objection to the relocation. The court held a hearing on Mother's relocation and on Mother's motion to modify a prior custody order and motion for contempt. In this appeal, Mother appeals from the denial of her request to relocate and her motion to modify the prior custody order. She claims in...
KAREN KING MITCHELL , Judge . National General Insurance Online, Inc. (Insurer), appeals from the denial of its motion to intervene as a matter of right in an underlying personal injury lawsuit filed by Jeffrey Wunderlich (Husband) against Sharon Wunderlich (Wife). Insurer argues that the trial court erred in denying its motion to intervene because, as Wife's insurance carrier, Insurer had an absolute right to intervene to protect its interest when it offered to provide Wife a full defense...
LISA WHITE HARDWICK , JUDGE . Edith Joanne Carter appeals the decision of the Labor and Industrial Relations Commission ("Commission") dismissing her motion to substitute her as a party for her deceased husband, Phillip Carter, 1 in his workers' compensation case and to order the Second Injury Fund ("Fund") to pay his permanent total disability benefits to her. Carter contends the Commission erred in concluding that it had no statutory authority to order the continuation of Phillip's...
JEFFREY W. BATES , P.J. — OPINION AUTHOR. James Booker (Husband) appeals from a judgment of contempt and order of commitment for failing to make payments to Dana Booker (Wife) as required by the parties' October 2012 dissolution decree (the decree). For reasons that follow, we conclude this case is moot and dismiss the appeal. The decree ordered Husband to make certain payments and comply with other terms within 180 days. Husband did not do so. In mid-May 2013, Wife filed a motion for...
GARY W. LYNCH , P.J. Mark Phillip Hobbs appeals the trial court's judgment dismissing his petition against Consolidated Grain & Barge Co. ("Consolidated") for failure to state a claim upon which relief could be granted. Finding no error in that ruling, we affirm. Factual and Procedural Background Hobbs filed a petition seeking damages against Consolidated for the malicious prosecution of an earlier lawsuit that Consolidated had brought against Hobbs. The petition alleges that in that...
SHERRI B. SULLIVAN , P.J. Introduction Matthew Fogerty (Appellant) appeals from the circuit court's entry of summary judgment in favor of Larry Meyer (Respondent) in Appellant's personal injury case. We reverse and remand. Factual and Procedural Background Appellant and Respondent were co-employees at Wright Construction Company. On October 20, 2011, Appellant and Respondent were installing a fountain and were moving large stones with a Takeuchi 230 track front loader outfitted with...
DANIEL E. SCOTT , J. OPINION AUTHOR. We consider co-employee liability for a workplace injury in 2009, when "an injured employee could maintain a cause of action recognized by common law against a co-employee." Peters v. Wady Industries, Inc. , 489 S.W.3d 784, 787 (Mo. banc 2016). 1 Because Evans pleaded and developed facts "establishing only duties that are a part of the employer's nondelegable duty to provide a safe workplace" ( id .), as opposed to "a duty separate and distinct...
Cynthia L. Martin , Judge . Sabrina Zeller ("Zeller"), plaintiff ad litem for her deceased son Cody Turner ("Turner"), appeals from the trial court's judgment dismissing her petition against Cameron Scafe ("Scafe"). Kristen Kantner ("Kantner") appeals from the trial court's judgment dismissing her cross-petition against Scafe. Zeller and Kantner (collectively "Appellants") argue on appeal that the trial court's dismissal of their claims against Scafe was erroneous because each stated a...
OPINION Lisa S. Van Amburg , Judge . Daibes Oil, LLC appeals the trial court's order granting summary judgment in favor of GP&W Inc., d/b/a Center Marketing Company (GP&W), as well as the trial court's denial of its Amended Motion to Dismiss for Lack of Personal Jurisdiction and Amended Motion to Transfer to the United States District Court for the Eastern District of Missouri. In its cross appeal, GP&W challenges the trial court's denial of attorney's fees and costs to GP&W as the...
Lisa P. Page , Judge . Anthony Arcese ("Plaintiff") filed suit against Daniel Schmitt & Co. ("Defendant") alleging, inter alia, violations of the Missouri Merchandising Practices Act ("MMPA"), Section 407.010, et seq., in connection with the sale of a 1954 Cadillac convertible. In response thereto, Defendant filed a counterclaim for breach of contract. After a bench trial, judgment was entered in favor of Defendant and against Plaintiff. The judgment of the trial court is affirmed in...
Nancy Steffen Rahmeyer , J. Relators brought a petition for a Writ of Prohibition after their request for a jury trial on certain claims against them for money damages was denied. The court ordered Counts I and II of claims brought by CRE Venture 2011-1, LLC, against Relators to be "court tried." 1 The right to a trial by jury is constitutionally guaranteed and "shall be preserved to the parties inviolate." Mo. CONST. art. I, section 22(a); Section 510.190.1; Rule 69.01(a). 2 "Because...
Mark D. Pfeiffer , Chief Judge . John T. Larsen ("Larsen") was charged with the class D felony of driving while intoxicated ("DWI") as a persistent offender after he had previously pled guilty to a municipal DWI ordinance violation which arose from the same incident. The Circuit Court of Jackson County, Missouri ("circuit court"), dismissed the felony DWI charge on double jeopardy grounds and the State has appealed. We affirm. Factual and Procedural Background On June 28, 2014, John...
Mark D. Pfeiffer , Chief Judge . Timster's World Foundation ("Foundation") appeals from a decision by the Labor and Industrial Relations Commission ("Commission"), which found that since January 1, 2012, parent aides/family assistance workers performed services for "wages" in "employment" by the Foundation, within the meaning of those terms as defined in sections 288.034 1 and 288.036 of Missouri's Unemployment Security Law. In the Foundation's sole point on appeal it avers that the...
JEFFREY W. BATES , J. — OPINION AUTHOR This appeal arises out of a dispute between owners of real estate in Eagle Meadows, which is a 17-lot subdivision located in Ozark, Missouri. Michael and Linda Gray (Plaintiffs) sought declaratory and injunctive relief against Gerald and Joy Shepard (Defendants) based upon their alleged violation of certain restrictive covenants. After a bench trial, the court entered a judgment granting Plaintiffs' request for declaratory relief and a permanent...
Lisa P. Page , Judge . INTRODUCTION In February 2015, after a bench trial, Hazelcrest III Condominium Association ("Plaintiff") secured a judgment against Frank Bent ("Defendant") for breach of contract and negligence. Both counts stem from a sewer backup that damaged two units located within Plaintiff's condominium complex. We affirm. BACKGROUND Plaintiff is a non-profit condominium association overseeing the Hazelcrest III complex in Hazelwood, Missouri. Defendant owned a condo located...
