Supreme Court of Missouri Decisions 2014
Date: December 23, 2014
Docket Number: SC94081
Justia Opinion Summary: When pursuing a suspect on two pending felony arrest warrants, Defendant, a deputy sheriff, made a forced entry into a residence and physically subdued and arrested the suspect. As a result of his actions, the deputy was…
Date: December 23, 2014
Docket Number: SC94210
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of felony child abuse for inflicting cruel and inhuman punishment upon his fourteen-year-old son by confining him in a small bathroom and by restricting food.…
Date: December 9, 2014
Docket Number: SC93792
Justia Opinion Summary: When Wells Trucking, Inc.’s employee was involved in an automobile accident that resulted in the death of another motorist, Wells Trucking had a primary insurance policy with United Fire & Casualty Company and an excess…
Date: December 9, 2014
Docket Number: SC94097
Justia Opinion Summary: Appellant bought tobacco products from a Missouri wholesaler and sold the tobacco products to Missouri retailers. Appellant did not report the sale of the tobacco products on his tax returns. The Director of Revenue…
Date: December 9, 2014
Docket Number: SC94602
Justia Opinion Summary: Leon Taylor was convicted of first-degree murder and first-degree robbery, among other offenses, for shooting and killing a gas station attendant in front of the attendant’s eight-year-old stepdaughter. Taylor was…
Date: November 25, 2014
Docket Number: SC93915
Justia Opinion Summary: Fenix Construction Company of St. Louis, Five Star Ready-Mix Concrete Company and Horstmeyer Enterprises, Inc. (collectively, Taxpayers) filed sales tax refund claims for their purchases of materials used to construct…
Date: November 12, 2014
Docket Number: SC93168
Justia Opinion Summary: Appellant was convicted and sentenced for two counts of first-degree murder and sentenced to death on each count. The Supreme Court affirmed the convictions and sentences. Appellant subsequently filed a pro se motion to…
Date: November 12, 2014
Docket Number: SC93658
Justia Opinion Summary: Twelve-year-old Jessica Chavez filed a negligence suit against Cedar Fair, LP after she was injured on a ride at Oceans of Fun Water Park. Cedar Fair owned and operated the water park. The jury returned a verdict in…
Date: November 12, 2014
Docket Number: SC93702
Justia Opinion Summary: Plaintiff was injured while participating in a motorcycle training course sponsored by Harley-Davidson Motor Company Group, Inc. (Harley-Davidson) and conducted by employees of Gateway Harley-Davidson (Gateway).…
Date: November 12, 2014
Docket Number: SC93836
Justia Opinion Summary: Twelve Plaintiffs filed suit against Synergy, LLC and Kenoma, LLC (collectively, Synergy), alleging that Synergy’s large-scale hog operations constituted a temporary nuisance. The trial court entered judgment against…
Date: November 12, 2014
Docket Number: SC93848
Justia Opinion Summary: In 2012, St. Louis County adopted an ordinance that implemented a foreclosure mediation program requiring lenders to provide residential borrowers an opportunity to mediate prior to foreclosure. Two bankers filed suit…
Date: November 12, 2014
Docket Number: SC94152
Justia Opinion Summary: Property Owners filed a lawsuit against a Mortgage Company, claiming that, by preparing deeds of trust and promissory notes for the Property Owners, the Mortgage Company (1) violated Mo. Rev. Stat. 484.010.2 and 484.020…
Date: November 12, 2014
Docket Number: SC94154
Justia Opinion Summary: In a court-tried case, Defendant was found guilty of robbery in the second degree for robbing a bank. Defendant appealed, arguing that the trial court erred by overruling his motion for judgment of acquittal because the…
Date: October 14, 2014
Docket Number: SC93679
Justia Opinion Summary: This dispute surrounded the inter vivos trust of K.R. Conklin. Conklin’s children (the “Children”) became trustees of Conklin’s trust upon his death in 2009. Conklin’s stepchildren (the “Stepchildren”) sued the Children…
Date: September 9, 2014
Docket Number: SC92871
Justia Opinion Summary: Lillian Lewellen brought an action against Chad Franklin National Auto Sales North, LLC (National) and its owner, Chad Franklin, for fraudulent misrepresentation and unlawful merchandising practices under the Missouri…
Date: August 19, 2014
Docket Number: SC92720
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first degree murder. Defendant was sentenced to death. The Supreme Court affirmed the conviction and sentence, holding (1) the circuit court did not err in overruling…
Date: August 19, 2014
Docket Number: SC93157
Justia Opinion Summary: Appellant pleaded guilty to two felony counts of first-degree statutory sodomy. Appellant subsequently filed a Mo. R. Crim. P. 24.035 motion for post-conviction relief. The motion court appointed post-conviction counsel…
Date: August 19, 2014
Docket Number: SC93379
Justia Opinion Summary: Appellant was paid by a staffing company to clean rooms at a hotel. Appellant later filed a class action suit against the staffing company and Respondents, the owner and manager of the hotel, alleging that Respondents…
Date: August 19, 2014
Docket Number: SC93451
Justia Opinion Summary: When Respondent was promoted from her position was an hourly employee to a salaried managerial position at one of Appellants’ long-term care facilities, the parties signed an employment agreement and arbitration…
Date: August 19, 2014
Docket Number: SC93760
Justia Opinion Summary: In this family dispute over the inheritance of money and property, the trial court dismissed all of Plaintiff Arthur Fry’s claims and some of the claims of Plaintiffs Mary Ellison, Susan Sleeper, and David Fry. The jury…
Date: August 19, 2014
Docket Number: SC93769
Justia Opinion Summary: Appellant filed a claim against Wells Fargo Home Mortgage, Inc. under the Missouri Merchandising Practices Act (MMPA), alleging that Wells Fargo engaged in bad faith negotiations of a loan modification and wrongfully…
Date: August 19, 2014
Docket Number: SC93878
Justia Opinion Summary: After a jury trial, Appellant was convicted of one count of child molestation and sentenced to fourteen years’ imprisonment. Appellant’s conviction was affirmed on appeal. Appellant subsequently filed a pro se motion for…
Date: August 19, 2014
Docket Number: SC93951
Justia Opinion Summary: Homeowners filed a claim against Fannie Mae and CitiMortgage (collectively, Defendants) under the Missouri Merchandising Practices Act (MMPA), alleging wrongful foreclosure of a deed of trust. Defendants filed a motion…
Date: July 29, 2014
Docket Number: SC93687
Justia Opinion Summary: Two retail stores offered customers the opportunity to finance their purchases through private label credit cards. The cards were issued by banks that paid to the retailer at the time of the sale the full amount of the…
Date: July 29, 2014
Docket Number: SC93719
Justia Opinion Summary: Appellant filed a second amended petition against Respondents alleging individual claims for damages resulting from alleged fraud and breach of Respondents’ fiduciary duties as corporate officers and directors. The…
Date: July 29, 2014
Docket Number: SC93851
Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of statutory sodomy in the first degree. On appeal, Appellant argued that there was insufficient evidence to convict him because the victim’s testimony was…
Date: July 29, 2014
Docket Number: SC93904
Justia Opinion Summary: The widow of a man killed in an automobile accident with an uninsured motorist (UM) sued her and her husband’s automobile liability insurance carrier seeking UM coverage for her husband’s wrongful death. The trial court…
Date: July 18, 2014
Docket Number: SC94293
Justia Opinion Summary: On May 7, 2014, the General Assembly passed the Senate Committee Substitute for Senate Joint Resolution 36 (SJR 36). On June 13, 2014, the secretary of state certified the official ballot title. The ballot title was then…
Date: July 16, 2014
Docket Number: SC94325
Justia Opinion Summary: John C. Middleton, an inmate under a sentence of death, was scheduled to be executed on July 16, 2014. After Middleton’s execution was scheduled to occur, Middleton field a petition for a writ of habeas corpus asserting…
Date: July 8, 2014
Docket Number: SC93471
Justia Opinion Summary: The trial court in this case ordered the Children’s Division of the Missouri Department of Social Services (Division) not to include Mother’s name in the child abuse and neglect central registry as a sanction for the…
Date: July 8, 2014
Docket Number: SC93591
Justia Opinion Summary: At issue in this case was whether the Railroad Retirement Tax Act (RRTA) requires employers to withhold RRTA taxes on a personal injury plaintiff’s Federal Employers’ Liability Act (FELA) suit. Plaintiff in this case…
Date: July 8, 2014
Docket Number: SC93653
Justia Opinion Summary: The day after the Children’s Division of the Missouri Department of Social Services (Division) began an investigation into allegations of child abuse by Taryn Williams, the Division stated that its investigation would be…
Date: July 8, 2014
Docket Number: SC93872
Justia Opinion Summary: In 2002, three months after she married her fourth husband, Patricia Watson created a trust that left substantially all of her property to her half siblings. The trust expressly stated that Watson’s husband, Arnold…
Date: June 24, 2014
Docket Number: SC93108
Justia Opinion Summary: After a jury trial, Defendant was found guilty of robbery in the first degree and armed criminal action. On appeal, Defendant argued that the trial court erred in refusing his request to instruct the jury on the lesser…
Date: June 24, 2014
Docket Number: SC93214
Justia Opinion Summary: Plaintiff brought this negligence action against the Kansas City Royals Baseball Corporation after he was allegedly injured when he was hit in the eye with a hotdog thrown by Sluggerrr, the Kansas City Royals mascot.…
Date: June 24, 2014
Docket Number: SC93321
Justia Opinion Summary: Defendant was charged with second-degree trafficking and resisting arrest. Defendant’s first trial ended in a mistrial. After a retrial, Defendant was found guilty of the charges. On appeal, Defendant argued, among other…
Date: June 24, 2014
Docket Number: SC93543
Justia Opinion Summary: Husch Blackwell Sanders, LLP represented Brian Nail in a dispute with his former employer over Nail’s stock options. Husch Blackwell negotiated a settlement that extended Nail’s option period, but Nail was prevented from…
Date: June 24, 2014
Docket Number: SC93652
Justia Opinion Summary: Patrick O’Basuyi filed suit against several defendants (collectively, “TriStar”) for breach of contract, quantum meruit and fraudulent conveyance. TriStar responded by filing a counterclaim for malicious prosecution.…
Date: June 24, 2014
Docket Number: SC93698
Justia Opinion Summary: The Missouri Ethics Commission entered an order finding probable cause that John Impey violated the law by preparing and circulating pamphlets voicing his opposition to a ballot measure in Houston County without placing…
Date: June 10, 2014
Docket Number: SC93516
Justia Opinion Summary: Schwarz Pharma Inc. was sued in seven individual actions by Plaintiffs, who filed suit in the St. Louis city court. Schwarz filed a motion to transfer venue in these seven individual actions under Mo. R. Civ. P. 51.045.…
Date: June 10, 2014
Docket Number: SC93756
Justia Opinion Summary: Plaintiff was a Ralston Purina Company shareholder when Ralston and Nestle Holdings, Inc. entered into a merger agreement providing that, at the time of the merger, Ralston stock would be converted and Ralson…
Date: May 27, 2014
Docket Number: SC93012
Justia Opinion Summary: Plaintiffs filed wrongful death and lost chance of recovery claims against Defendants-health care providers. Plaintiffs voluntarily dismissed their first case but refiled the same claims in a second case. The trial court…
Date: May 27, 2014
Docket Number: SC93502
Justia Opinion Summary: Franklin Quick Cash, LLC, a payday and title lending company, was sued for wrongfully repossessing a vehicle. Franklin had a commercial general liability insurance policy with Continental Western Insurance Co. that…
Date: May 27, 2014
Docket Number: SC93628
Justia Opinion Summary: Employer terminated Employee for falsifying his doctor’s return-to-work certificate. Employee sought unemployment benefits, but the Division of Employment Security denied the application on the ground that Employee had…
Date: May 13, 2014
Docket Number: SC93296
Justia Opinion Summary: Two police officers were patrolling a high-crime area when they passed Defendant, who was riding a bicycle, and observed what appeared to be a handgun protruding from Defendant’s waistband. The officers handcuffed…
Date: May 13, 2014
Docket Number: SC93371
Justia Opinion Summary: After five jury trials, Appellant was eventually convicted of the 1991 murder of Gladys Kuehler and sentenced to death. The Supreme Court affirmed the conviction and sentence. Appellant timely filed a motion for…
Date: April 29, 2014
Docket Number: SC93448
Justia Opinion Summary: Commercial Barge Line (CBL) was a Delaware corporation and the single member of two limited liability companies, one of which was American Commercial Barge Line (ACBL). In 2007, the Department of Revenue (DOR) conducted…
Date: April 29, 2014
Docket Number: SC93555
Justia Opinion Summary: Appellant was charged with fourteen offenses, including one count of forcible rape, one count of aggravated stalking, and five counts of violating a protective order. Appellant was convicted of all counts and sentenced…
Date: April 15, 2014
Docket Number: SC93039
Date: April 15, 2014
Docket Number: SC93039
Justia Opinion Summary: Appellant was a Missouri corporation that sold rides on untethered hot air balloons. Appellant collected sales tax on receipts of balloon rides and subsequently requested a refund of those sales taxes from the director…
Date: April 15, 2014
Docket Number: SC93132
Date: April 15, 2014
Docket Number: SC93132
Justia Opinion Summary: In 2006, Appellant was injured in the course and scope of his employment when a large metal beam crushed his left foot. Appellant received workers’ compensation benefits for his injury. Appellant subsequently returned to…
Date: April 15, 2014
Docket Number: SC93162
Justia Opinion Summary: Respondent, a Mississippi corporation with operations in several states, including Missouri, established a “rabbi trust” to fund its executive deferred compensation plan for company executives. In filing its 2007…
Date: April 15, 2014
Docket Number: SC93162
Date: April 15, 2014
Docket Number: SC93348
Justia Opinion Summary: After a jury trial, Defendant was convicted of second degree murder, second degree assault, and endangering the welfare of a child. The Supreme Court affirmed the convictions, holding (1) the trial court did not err in…
Date: April 15, 2014
Docket Number: SC93348
Date: April 15, 2014
Docket Number: SC93742
Justia Opinion Summary: After Appellant was convicted of felony driving while intoxicated (DWI), the director of revenue suspended Appellant’s driving privileges for a minimum of ten years. Appellant later filed a petition for limited driving…
Date: April 15, 2014
Docket Number: SC93742
Date: April 1, 2014
Docket Number: SC93649
Justia Opinion Summary: In 2010, Father, a California resident, sent his children (Children) to Missouri, and later that year, the Children began to live with their mother. In 2011, the Children were taken into protective custody. In 2012, the…
Date: March 25, 2014
Docket Number: SC93439
Justia Opinion Summary: Plaintiffs in this action included St. Louis County, the county superintendent of police, the county sheriff, and a deputy sheriff. Plaintiffs filed a petition seeking a declaratory judgment that the deputy sheriff…
Date: March 25, 2014
Docket Number: SC93511
Justia Opinion Summary: Appellant filed this action seeking a declaratory judgment that a gravel road running along the edge of his property belonged to him and was not a public road. The trial court granted summary judgment against Appellant,…
Date: March 25, 2014
Docket Number: SC93677
Justia Opinion Summary: In 2012, the trial court terminated Mother’s parental rights over Child, determining that Mother, who had been under psychiatric care for three years before the termination hearing, had abused or neglected Child in that…
Date: March 11, 2014
Docket Number: SC93083
Justia Opinion Summary: Schnucks grocery stores purchased electricity and natural gas from Union Electric Company, doing business as Ameren Missouri, to operate equipment such as ovens, retarders, and proofers in its bakery departments. Ameren…
Date: March 11, 2014
Docket Number: SC93238
Justia Opinion Summary: Mother and Father’s divorce was dissolved in 2006 by a Texas district court. In 2009, Father initiated post-dissolution child custody proceedings in the St. Charles County circuit court. A guardian ad litem (GAL) was…
Date: March 11, 2014
Docket Number: SC93331
Justia Opinion Summary: The Department of Revenue calculated that AAA Laundry & Linen Supply Company, a commercial laundry operation, owed approximately $40,000 in use taxes for its soap and water treatment chemicals purchased from out-of-state…
Date: March 11, 2014
Docket Number: SC93606
Justia Opinion Summary: In 2011, Lonnie Brockmire (“Decedent”) died intestate. Decedent was survived by his only biological child, Sherri, and Sherri’s daughter, Bella. Sherri was adopted by her stepfather after she became an adult and prior to…
Date: February 25, 2014
Docket Number: SC93120
Justia Opinion Summary: In 2004, a jury found Appellant guilty of first-degree sodomy. Appellant was sentenced to twelve years in prison. The court of appeals affirmed the conviction. In 2009, more than four years after the deadline to file a…
Date: February 25, 2014
Docket Number: SC93182
Justia Opinion Summary: After Central Trust and Investment Company purchased Springfield Trust & Investment Company (STC), Central Trust filed an action against SignalPoint Asset Management, LLC, a registered investment advisor, for affiliating…
Date: February 25, 2014
Docket Number: SC93361
Justia Opinion Summary: Claimant worked part-time for Design Design from July 2008 until she obtained full-time employment in March 2010. Claimant received $320 in unemployment benefits and $25 in federal stimulus benefits for each of…
Date: February 25, 2014
Docket Number: SC93404
Justia Opinion Summary: John Dilks filed a pro se petition to recover damages he suffered as a result of a flood. The “Plaintiffs” identified in the allegations of the petition were Dilks, individually, and Naylor Senior Citizens Housing, LP…
Date: February 4, 2014
Docket Number: SC92996
Justia Opinion Summary: Plaintiff filed an action against his employer, BNSF Railway Company, for damages related to an injury he sustained while in the course and scope of his employment. Plaintiff asserted claims for negligence under the…
Date: February 4, 2014
Docket Number: SC93121
Justia Opinion Summary: Defendant pleaded guilty to two counts of failure to register as a sex offender pursuant to a plea agreement. After judgment was entered, Defendant filed a timely amended post-conviction motion seeking to vacate the…
Date: February 4, 2014
Docket Number: SC93134
Justia Opinion Summary: Plaintiff was injured in an automobile accident. Group Health Plan, Inc. (GHP) paid Plaintiff’s medical bills. Plaintiff subsequently recovered a personal injury settlement from the tortfeasor. GHP, through its agent,…
Date: February 4, 2014
Docket Number: SC93195
Justia Opinion Summary: Karen Chastain submitted to the Kansas City Clerk an initiative petition seeking adoption of an ordinance that would impose additional sales taxes for “capital improvements” and “transportation purposes.” The City filed…
Date: February 4, 2014
Docket Number: SC93618
Justia Opinion Summary: At issue in this case was HB 1171, which authorized the establishment of a county municipal court. Petitioners, residents and taxpayers of Franklin County, filed a declaratory judgment action against the commissioners of…
Date: January 14, 2014
Docket Number: SC92984
Justia Opinion Summary: The underlying case was a civil claim of premises liability arising from the stabbing of Plaintiff. Plaintiff alleged the stabbing occurred on Defendant’s property. At issue during trial was whether the stabbing occurred…
Date: January 14, 2014
Docket Number: SC93340
Justia Opinion Summary: In two separate underlying criminal cases, Defendants each received a suspended imposition of sentence and were placed on probation. When Defendants violated the conditions of their probation, the trial court suspended…
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