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...
DANIEL E. SCOTT , J. Dr. Shanti Yerra successfully sued Mercy Clinic for wrongful discharge on a whistleblower theory. Mercy appeals, urging in part that Dr. Yerra failed to make a submissible case. 1 We agree, reverse the judgment, and remand with directions to enter judgment in Mercy's favor. General Legal Principles Generally, an at-will employee can be discharged for any reason or no reason. Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81 , 92 (Mo. banc 2010). A "very...
GARY W. LYNCH , J. George and Judith Meyers ("the Meyerses"), husband and wife, sued Charles and Kacie Kendrick ("the Kendricks"), husband and wife, and People's Community Bank ("Bank") in a three-count petition. Count One sought relief against the Kendricks for statutory and equitable redemption of the Meyerses' foreclosed residence, Count Two sought relief against Bank for statutory and equitable redemption of that residence, and Count Three sought relief against Bank for a violation...
OPINION Lisa Van Amburg , Judge . George Rogers appeals the trial court's judgment after a jury convicted him of statutory sodomy and child molestation. We reverse and remand for a new trial. Background In January 2015, twelve year-old X.S. (Child) told her school guidance counselor (Counselor) that her grandfather (Rogers) had touched her inappropriately. Counselor contacted Children's Division, and Child was taken to the Child Advocacy Center for a forensic interview, conducted by...
VICTOR C. HOWARD , JUDGE . The State of Missouri appeals the order of the Cole County Circuit Court granting Leslie Bryan's motion to suppress evidence. It claims on appeal that the trial court erred because the affidavit supporting the search warrant was sufficient to establish probable cause. The suppression order is reversed, and the case is remanded for further proceedings. Facts On April 4, 2016, a prosecutor in Cole County sought and obtained a search warrant. The search warrant...
WILLIAM W. FRANCIS, JR. , J. Kent A. Sivils ("Husband") appeals the "Judgment and Decree of Dissolution of Marriage" ("Judgment") entered by the trial court. 1 In two points on appeal, Husband asserts the trial court erred in failing to make a proper division of marital property. Finding no merit to Husband's claims, we affirm. Factual and Procedural History 2 We recite the facts of this matter in accord with the principle that we view the facts in the light most favorable to the...
OPINION Honorable MARY K. HOFF Maverick Holmsley (Defendant) appeals from the judgment upon his convictions following a jury trial for two counts of sodomy in the first degree and two counts of attempted sodomy in the first degree, in violation of Section 566.060, RSMo 2000. 1 The trial court sentenced Defendant to five years' imprisonment on each count, to be served concurrently. We affirm. Factual and Procedural Background Viewed in the light most favorable to the verdict, the...
JEFFREY W. BATES , P.J. In this landlord-tenant dispute, the trial court found in favor of Morris Branson Theatre, LLC (Landlord) on its action seeking damages for breach of a lease agreement (Lease) by Cindy Lee, LLC (Tenant). The trial court found against Tenant on its affirmative defense that Tenant was justified in terminating the Lease because Landlord failed to substantially complete certain repairs within a six-month period. Tenant presents two points on appeal. In Point 1, Tenant...
Karen King Mitchell , Judge . The Director of Revenue appeals the trial court's reversal of the Missouri Department of Revenue's administrative decision to suspend Bryce Christopher McMillin's driving license under 302.505. 1 Director argues that the trial court erred in finding that McMillin's scooter was not a "motor vehicle" as set forth in 302.505 and, therefore, Director could not revoke McMillin's driving privilege. Finding no error, we affirm. Background At 1:45 a.m. on...
Lisa White Hardwick , Judge . The State of Missouri appeals the circuit court's order granting Gregory Robinson's motion to suppress evidence relating to charges of manufacturing drugs and maintaining a public nuisance. The State contends the court erred in finding that the good faith exception to the exclusionary rule should not be applied because the officer who prepared the warrant affidavit demonstrated systemic negligence in his careless preparation of warrant affidavits. For reasons...
PHILIP M. HESS , Chief Judge . Introduction Andrew Dickemann ("Employee") appeals from the Labor and Industrial Relations Commission's ("Commission") order denying his and Costco Wholesale Corporation's ("Employer") joint motion to settle and commute his permanent disability award into a lump sum. In his sole point on appeal, Employee argues that the Commission misapplied the law and exceeded its authority when it denied the joint motion because it was required to approve the parties'...
OPINION Colleen Dolan , Judge . Jeanette G. Poage ("Mrs. Poage") filed a products liability suit against Crane Co. ("Crane") alleging that her husband, James E. Poage ("Mr. Poage") suffered personal injuries and wrongful death from mesothelioma, which was caused by Crane's asbestos-containing products. Mrs. Poage's claims were based on Crane's (1) failure to warn and (2) defective design under strict liability and negligence theories. After a trial, the jury returned a verdict in favor of...
Cynthia L. Martin , Judge . Kathy Keller 1 ("Mother") appeals from a judgment modifying her child support obligation to continue support for a child beyond the age of eighteen because the child was determined to be mentally incapacitated from supporting himself and insolvent. We affirm. Factual and Procedural Background 2 Mother and John Keller, II ("Father") divorced in 1999. They had two children during the marriage: John Keller, III ("Son"), born September 29, 1992, and Kathianne...
Cynthia L. Martin , Judge . Brian Jaco ("Father") appeals from a judgment denying his motion to modify the child support provisions of a dissolution decree. We affirm. Factual and Procedural Background The marriage between Father and Jeriane Jaco ("Mother") was dissolved by a dissolution decree entered in December 2010 ("Dissolution Decree"). The Dissolution Decree awarded Father and Mother joint physical and legal custody of their minor child. The Dissolution Decree approved and...
PER CURIAM . Appellant, J.D.H., appeals the termination of his parental rights to two children. Because the trial was unrecorded, we must reverse the judgment and remand the case for a new trial. Petitioners, R.J.L. and T.N.L., filed a Petition for Termination of Parental Rights and Adoption in the Circuit Court of Jasper County on April 21, 2015. Count I of the Petition sought the termination of the parental rights of Appellant and G.M.H. to minor children J.M.H. and A.M.E.H. That count...
DON E. BURRELL , J. Brad Parker Phillips ("Relator") sought a writ of prohibition ("the petition") barring the Honorable Eric Eighmy ("Respondent") from ordering Relator to serve "forty-eight hours [of] imprisonment" based on Respondent's conclusion that section 577.010.4 " requires mandatory jail time" in any case (like Relator's) where a suspended imposition of sentence ("SIS") is ordered. 1 Relator's single point relied on claims he "is entitled to an order prohibiting Respondent from...
MARY W. SHEFFIELD , C.J. Wallace Bajjali Development Partners, L.P. ("Wallace Bajjali") appeals from the trial court's denial of its Rule 74.05(d) motion to set aside a default judgment. 1 Wallace Bajjali argues the trial court erred in denying its motion to set aside the default judgment. Although framed as one point, Wallace Bajjali's argument has two prongs. First, Wallace Bajjali claims the trial court did not apply the correct legal standard because it did not mention Rule 74.05(d)...
PER CURIAM . Meridian Creative Alliance, LLC ("Meridian") and O'Reilly Automotive Stores, Inc. ("O'Reilly") entered into a series of both verbal and written contracts, culminating in a 2007 written contract for the provision of services for radio and print advertising. O'Reilly terminated the contract in 2008; Meridian sued. Meridian claimed that it was to be the "exclusive" agency for O'Reilly's media advertising, which O'Reilly denied, alternatively claiming that Meridian had breached the...
EDWARD R. ARDINI, JR. , JUDGE . Deborah Dunkin ("Deborah") 1 appeals the decision of the Labor and Industrial Relations Commission ("Commission") denying her motion to substitute parties based on a lack of jurisdiction. We find that Deborah's status as a dependent of the injured employee was not established in the underlying final award, thus extinguishing her ability to receive successor benefits following the injured employee's death. The decision of the Commission is affirmed. FACTUAL...
