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| ABB C-E Nuclear Power Inc. v. Dir. of Revenue, No. SC87811,
SUPREME COURT OF MISSOURI, January 30, 2007, Filed
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Overview: Missouri Administrative Hearing Commission properly found that the sale of the taxpayer's assets in a complete liquidation was not type of business transaction in which it regularly engaged, nor did it constitute an integral part of the taxpayer's ordinary business; the taxpayer was not liable for Missouri income tax under Mo. Rev. Stat. § 32.200.
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| Adamson v. DTC Calhoun Trucking, Inc., No. 27651,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, January 30, 2007, Filed
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Overview: The employee's wages were based upon his output, and his wages for purposes of TTD compensation were properly calculated under the formulae set out in Mo. Rev. Stat. § 287.250.1(4). Finding that employee was not permanently and totally disabled was supported by sufficient competent evidence as well as expert testimony and medical opinion.
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| Amato v. State Farm Mut. Auto. Ins. Co., No. ED87209,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, January 30, 2007, Opinion Filed
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Overview: Denial of the insureds' motion for directed verdict was proper in their suit against their insurer for underinsured-motor-vehicle coverage as they failed to prove legal entitlement to damages because they never established fault on the part of the other driver, and their settlement with the other driver stated that it was not an admission of fault.
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| Brown v. Kone, Inc., WD 67130,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 30, 2007, Filed
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Overview: Dismissal of a worker's negligence claims against a building owner for injuries sustained while working on the building's elevator was proper as the worker was a statutory employee of the building owner under Mo. Rev. Stat. § 287.040.1; therefore, his exclusive remedy was under the workers' compensation laws.
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| Brown v. Morgan County, WD 66601,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 30, 2007, Filed
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Overview: Pedestrian fell on a staircase inside a county courthouse. Trial court improperly granted summary judgment for county, pursuant to Mo. Sup. Ct. R. 74.04, because genuine issue of material fact was raised by pedestrian's expert witness as to what caused the pedestrian's fall.
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| C.G. v. Dade County Juvenile Office, No. 27558,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, January 30, 2007, Filed
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Overview: The termination of the father's parental rights to his child was improper because the trial court foreclosed the possibility of strictly and literally complying with the statutory requirement in Mo. Rev. Stat. § 211.455.3 that an investigation and social study be made available to the father at least 15 days before any dispositional hearing.
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| Cedar Green Land Acquisition, L.L.C. v. Baker, No. 27831,
COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, DIVISION TWO, January 30, 2007, Filed
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Overview: Corporation claimed that appellant had committed libel, tortiously interfered with its business, and trespassed. Appeal could not be taken from denial of motion to dismiss, pursuant to Mo. Rev. Stat. § 537.528, because nothing in that statute provided that appellant had a right to an interlocutory appeal.
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| Cole v. State, No. ED87603,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, January 30, 2007, Filed
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Overview: In a murder case where the death penalty could have been imposed on a 17-year-old offender when defendant waived a jury trial, denial of defendant's Mo. Sup. Ct. R. 29.15 motion was proper as defendant's waiver did not become involuntary when the law applicable at the time of the waiver was subsequently changed.
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| Conley v. State, WD 66583,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 30, 2007, Order Filed
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