In a recent decision the Missouri Appellate Court addressed the issue of what constitutes facts that give rise to a comparative fault instruction being submitted to a jury in a products liability case and the proper submission of that defense to the jury. In Missouri,...
State Farm issued an auto policy to Stimage which insured a 2020 Dodge Challenger that was outfitted for racing. While driving on HWY 367 in Saint Louis County, Stimage collided with a traffic barrier inuring himself and two passengers.
Dawn and Gary Bland were insured under a policy issued by Progressive which insured a 2009 Chevy Silverado which had UM limits of $50,000.00. The Silverado was a “Covered Auto” listed and described on the Declarations. The policy had a standard definition of an...
The Missouri Appellate Court, in two separate opinions, recently took up the issue of when the standard of “negligence per se” applies to the “Rules of the Road” statutory requirements. In both decisions the court, in well-reasoned opinions, found in one case the “negligence per se” standard did not apply but in the other decision it did apply.
The Missouri Supreme Court, in a 5-2 split decision, has endorsed the doctrine of Superseding Intervening Cause in reversing a $1,300,000 verdict in favor of a 4-year-old that exited a school bus and was hit and run over by an oncoming car that passed by the school bus in the opposite lane.
Plaintiff’s son and passenger were killed when the driver of a Silverado collided with a vehicle operated by Garner’s son. The owner of the Silverado was insured by AAA with limits of $500,000.00. AAA paid $250,000 to each set of parents. Garner was insured by AMCO, with UIM limits of $50,000/$100,000.
Dale and Elaine Meller contracted with Ashley Farm Services Farm to spray their soybean crop with an appropriate herbicide. The Meller’s claimed that Ashley Farms sprayed the wrong herbicide on their soybean crop, resulting in the soybean crop’s total loss.
A court in the United States District Court Eastern Division of Missouri severely limited the testimony of the plaintiff’s expert and discussed the scope of a retained expert’s ability to testify concerning insurance industry standards and the degree to which an expert can opine on “ultimate issues”.
Often in transportation related claims and lawsuits, when a claim is being adjusted, or once litigation commences, opposing counsel attempts to seek medical information from the insured driver to bolster their case. In addition, in medical malpractice claims the...