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| Heartland Payment Sys., L.L.C. v. Utica Mut. Ins. Co., No. ED84636,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 17, 2006, Filed
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Overview: A finding against the insurer in the insured's action for coverage under a policy resulting from uncollectible chargebacks was appropriate because the insured's losses were to be prorated between the insurer and the insured's other insurer in proportion to the amount of coverage by their respective policies.
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| Hill v. State, WD64874,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Opinion Filed
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Overview: In a case in which appellant challenged a motion court's judgment denying his Mo. Sup. Ct. R. 29.15 motion for postconviction relief without an evidentiary hearing, the appellate court vacated appellant's convictions for armed criminal action, where the verdict directors and forms were inconsistent with the indictment and each other.
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| Moschenross v. St. Louis County, No. ED86135,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 17, 2006, Opinion Filed
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Overview: In a dispute arising out of the financing of a major league ballpark, proposition did not impact ordinance, cooperation agreement, project agreement, or financing bonds because proposition only operated prospectively and Mo. Const. art. VI, § 26 was inapplicable because debt was not for longer than 20 years.
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| Nguyen v. Shy Yung Wang, No. ED85878,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, January 17, 2006, Opinion Filed
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Overview: Trial court did not err in not setting aside default judgment where lessors had not met the reasonable time requirement of Mo. Sup. Ct. R. 74.05(d); trial court mailed a copy of the default judgment to the lessors within a day of judgment but the lessors waited over five months from their eviction to file the motion to set aside default judgment.
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| Peters v. GMC, WD 62807,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Opinion Filed
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Overview: While respondent made a submissible case on issue of cruise control device being defectively designed and dangerous, errors in admitting testimony of witnesses who experienced sudden acceleration but in non-similar incidents, as well as exclusion of appellant's rebuttal witness, prejudiced appellant warranting new trial.
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| Sartor v. Medicap Pharm., WD64843,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Order Filed
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Overview: Employee's permanent total disability award for injuries sustained when she inhaled a chemical spray at work was proper under Mo. Rev. Stat. § 287.495 as the labor and industrial relations commission's finding that the employee's treating physicians were more credible than the employer's witnesses was supported by substantial evidence.
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| State ex rel. Amega Sales, Inc. v. Mo. PSC , WD 64880,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Opinion Filed
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Overview: Trial court erred in issuing a writ prohibiting the public service commission and the manufactured housing and modular units program director from taking any further action against a manufactured housing dealer because, under Mo. Rev. Stat. § 386.510, it lacked any authority to enjoin, restrain, or interfere in the performance of their duties.
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| State ex rel. Curators of the Univ. of Mo. v. Moorhouse, WD 65644,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Opinion Filed
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Overview: From a family's underlying medical malpractice suit against two doctors, the trial judge should have dismissed the doctors' subsequent third-party action for indemnity against the university pursuant to Mo. Rev. Stat. § 537.060 and former Mo. Rev. Stat. § 538.230.3 as the family had settled with the university and released it from liability.
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| State v. Domingue, WD64082,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Order Filed
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