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Full-Text Articles in Law
Missouri’S Statutory Cause Of Action For Medical Negligence: Legitimate Application Of Legislative Authority Or Violation Of Constitutional Rights?, Emily Mace
Missouri Law Review
This Note discusses whether SB 239 is likely to survive future arguments against its constitutionality. Part II describes the bases upon which damages caps have been challenged in Missouri and the role of the right to trial by jury in analyzing damages caps. Part III then provides a short procedural history of SB 239. Finally, Part IV discusses whether SB 239 attempts to alter a common law cause of action in a way that renders the statute unconstitutional, or whether it abolishes and recreates the cause of action in a manner permitted by the Missouri Constitution.
Resurrection Of A Dead Remedy: Bringing Common Law Negligence Back Into Employment Law, Amanda Yoder
Resurrection Of A Dead Remedy: Bringing Common Law Negligence Back Into Employment Law, Amanda Yoder
Missouri Law Review
Prior to the enactment of workers' compensation laws' across the United States and in Missouri, many employees injured on the job were left with no redress. In 1921, less than 3,000 of the nearly 50,000 employees injured in Missouri received compensation.2 During this time, an estimated 25,000 employees died on the job in industrial accidents but less than twenty percent of their families received compensation.3 Those families that were compen- sated still had to bear the cost and delay of litigation.4 In response, legislatures sought to protect employees from the risks of the workplace and transfer the burden of recovery …
Does Loss Of Custody Of A Child Resulting From Attorney Negligence Cause Damage, Jesse E. Weisshaar
Does Loss Of Custody Of A Child Resulting From Attorney Negligence Cause Damage, Jesse E. Weisshaar
Missouri Law Review
Attorneys face the prospect of legal malpractice actions on a daily basis and in regard to every type of legal issue with which they deal. Indeed, a lawyer's negligence subjects him to liability whether he has mishandled a multimillion dollar business transaction or failed to adequately represent his client in a custody battle over the client's children. Whereas the harm in the former example is clearly monetary, the latter example presents the issue of whether the client can recover monetary damages for loss of custody of his child, a harm that is non-economic in nature. While few people would likely …
Exception Becomes The Rule: The Missouri Supreme Court Expands Th Continuing Care Exception - Montgomery V. South County Radiologists, Inc., The, James B. York
Missouri Law Review
This Note addresses the importance of the Missouri Supreme Court’s decision in Montgomery v. South County Radiologists, Inc., and its future effect on the continuing care exception and its development throughout Missouri jurisprudence. This Note then reviews the majority’s decision in Montgomery and argues that the Missouri Supreme Court inappropriately extended the scope of the exception. Finally, this Note suggest that the interpretation of the continuing care exception used by the majority in Montgomery offers no guidance for providers of auxiliary medical services, which will result in an overall increase in the cost of health care and result in the …
In The Wake Of Heins: Break Out Your Rulers Missouri It's Time To Measure Your Levees, Blake J. Pryor
In The Wake Of Heins: Break Out Your Rulers Missouri It's Time To Measure Your Levees, Blake J. Pryor
Missouri Law Review
Following the trend in other states, Missouri recently adopted the comparative reasonableness rule for cases involving the diversion of surface water and groundwater. The rule of reasonableness allows a landowner to make reasonable use of the land even though water drainage and flow is altered, as long as the use does not cause unreasonable harm. Missouri’s change to the reasonableness rule from the common-enemy doctrine has yielded favorable results for plaintiffs seeking damages for improper water disposal, but the rule’s initial adoption has left courts with wide latitude in how it should be interpreted. In the last decade, courts have …
Touchdown--A Victory For Injured Fans At Sporting Events, Stefan A. Mallen
Touchdown--A Victory For Injured Fans At Sporting Events, Stefan A. Mallen
Missouri Law Review
When fans attend sporting events, they usually do so at their own peril. Fans are expected to assume the known risks of flying baseballs, hockey pucks, or footballs. In fact, Judge Cardozo once summarized this situation by saying, “the timorous may stay at home.” While sports fans generally assume the risk of liability from acts by players that send balls flying into the stands, the question arises as to the liability of stadium owners for injuries caused when one fan injures another fan after a player has sent a ball into the crowd. In Hayden v. University of Notre Dame, …
Deadly Trap Or Reasonable Danger: What Standard Of Care Applies To Non-Electrical Injuries From Power Lines, Brett A. Emison
Deadly Trap Or Reasonable Danger: What Standard Of Care Applies To Non-Electrical Injuries From Power Lines, Brett A. Emison
Missouri Law Review
Missouri demands “the highest degree of care regarding dangerous instrumentalities because of the great risk of injury or death.” However, Missouri also has held that only ordinary care is required when, in a suit against an electric utility, the injury was not caused by the “the inherently dangerous properties of electricity.” This Note examines the struggles faced by a divided court in determining which standard to apply when these holdings conflict.
Could Somebody Call A Doctor--On-Call Physicians And The Duty To Treat, Jane Drummond
Could Somebody Call A Doctor--On-Call Physicians And The Duty To Treat, Jane Drummond
Missouri Law Review
The law of negligence imposes few affirmative duties on actors in society. In the medical profession specifically, negligence law traditionally contains no requirement that a physician provide medical treatment to those in need absent an existing relationship between the doctor and patient. Yet there has long been the sense that doctors owe a higher duty to the public, and courts are finding ways to redefine the doctor-patient relationship to allow plaintiffs greater access to claims for a physician’s failure to render care. In Millard v. Corrado, the Missouri Court of Appeals for the Easter District of Missouri provides plaintiffs with …
Punitive Damages In Negligence Cases: The Conflicting Standards, Kevin L. Austin
Punitive Damages In Negligence Cases: The Conflicting Standards, Kevin L. Austin
Missouri Law Review
In Missouri, punitive damages are awarded for the purpose of inflicting punishment for wrongdoing, and are intended to serve as an example and deterrent to similar conduct. They are distinguished from actual damages, which are awarded to compensate for actual injuries or loss sustained. While prevalent in intentional torts because of malice, Missouri also allows, under certain circumstances, punitive damages to be awarded in negligence cases.' The issue then becomes identification of those certain circumstances. This Note will examine the reasoning and the specific fact situations which have supported punitive damages in negligence cases and then compare the decision in …
Birth Of Preconception Torts In Missouri, The, Raymond E. Williams
Birth Of Preconception Torts In Missouri, The, Raymond E. Williams
Missouri Law Review
The term"'preconception tort' refers to negligent conduct which occurred prior to the plaintiff’s conception.” This Note examines the legal development of preconception tort doctrine with particular focus on the foreseeability, statute of limitations, and policy issues flowing from the duty a defendant owes to an unborn plaintiff.
Missouri Firefighter's Rule, The, Christopher M. Hohn
Missouri Firefighter's Rule, The, Christopher M. Hohn
Missouri Law Review
The firefighter's rule bars injured firefighters and police officers from recovering against individuals whose ordinary negligence created the situation that required the presence of the officer or firefighter. In Missouri, the firefighter's rule originated as a landowner liability rule and as an exception to the rescue doctrine More recently, however, the rule has been influenced by the doctrine of assumption of risk and by public policy concerns. The result has been a hodgepodge of old and new rationales that form the basis for an inconsistent rule that relies on superfluous analysis. In Gray v. Russell, the Missouri Supreme Court reasserted …
O'Brien V. Cunard S.S. Co., Limited
O'Brien V. Cunard S.S. Co., Limited
Missouri Law Review
This article talks about the O'Brien v. Cunard S.S. Co. Ltd. and the specific events that occurred in this case.