As a general rule, where the law is embodied in a statute, it is sufficient in instructions to the jury to follow the language of the statute… There are, however, exceptions to the rule, especially where the terms of the statute are general and indefinite…
Missouri law has long recognized every person has the duty to exercise ordinary care to so conduct himself as not to injure others and is liable to one who is harmed by a breach of that duty. It is simply a legal recognition of individual responsibility for voluntary behavior.
The ship has finally been righted in the case that brought national attention and derision to the State of Missouri. Mr. Brauner and his 2014 Hyundai Genesis were insured by Geico. M.O. and Brauner had sexual relations during the policy period in various locations including the Genesis.
Phantom vehicle claims are usually frustrating in that there is generally no way the carrier can dispute the phantom driver was uninsured, or whether a phantom driver was at fault for causing an accident.
At common law, the general rule is that there is no duty to protect against the criminal acts of third parties because such events are rarely foreseeable. However, there are two exceptions to the general rule.
Now that Hill is the law in Missouri, Plaintiffs will no longer be able to hide behind the work product doctrine as they sue multiple parties sequentially for the same injury.
In the end – at long last – the citizens of Kansas can rest easier knowing that common sense (which apparently, as they say, is not so common) has prevailed and a significant question of law has now been definitively answered.
In essence an act of tortious interference with a business expectancy will only lie against a third party, a stranger to the contract, that improperly interferes with the other party’s contractual relations.
In this case, the Judge pointed out that while he was sure Plaintiff sustained physical and emotional injuries, he was unable to award damages unless an evidentiary hearing was held where Plaintiff would be required to substantiate his damages.