Recent news about Smith Mueller.
Michael Smith was again voted a Missouri/Kansas Super Lawyer in the field of medical malpractice litigation. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. …
What happens when you forget to remove your ex-spouse from a transfer of death designation? A recent Missouri case addresses that issue. Facts of Case Matthew McWilliams owned a bass boat, motor, and two trailers. All were titled solely in his name. He designated his wife, Lisa, as transfer-on-death (TOD). Matthew and Lisa subsequently divorced, but …
It used to be that an injured person would claim as many medical expenses as possible in a lawsuit. However, changes to Missouri statutes have caused attorneys to question the wisdom of this tactic. A recent Missouri Eastern District Court of Appeals decision helps explain why. Facts of Case On November 17, 2011, Randy Schieffer …
One of the issues in premises liability cases is whether the dangerous condition was open and obvious. This is because property owners may not have a duty to warn others of open and obvious dangers on the property. A recent Eastern District Court of Appeals decision addressed the issue of whether an unpainted curb constituted …
In personal injury and wrongful death cases, the injured or deceased party’s medical history is virtually always the subject of discovery. Discovery usually involves the collection of medical records. The scope of medical records discovery is a frequent area of disagreement between opposing parties. A recent Southern District of Missouri Court of Appeals decision addressed …
The answer for one Eastern District Court of Appeals is four. Facts of Case Dr. Richard Follwell performed a surgery on Saundra Beaver that involved placement of surgical mesh to repair an abdominal hernia. After surgery, she was found to have a hole in her bowel that caused her to develop a severe infection. She …
A recent Missouri Eastern District Court of Appeals upheld a $15,000,000 punitive damages claim against St. Louis University and one of its physicians. The claim arose out of the excessive prescription of opioid pain killers that resulted in a patient’s addiction. The evidence showed that the patient was prescribed ever-increasing amounts of opioids for his …
The Missouri Western District Court of Appeals recently held that punitive damages should have been submitted to the jury in a medical negligence trial. Facts of Case Joyce Oyler was hospitalized at Heartland Regional Medical Center for fluid buildup on her lungs. When she was discharged, a nurse phoned in multiple prescriptions to a Hy-Vee …
A recent Missouri Southern District Court of Appeals ruling held that a claim for breach of the implied warranty of habitability was not an occurrence as defined in a builder’s commercial liability policy. Facts of Case Homeowners purchased and moved into a house built by Builder. Shortly after moving in, Homeowners noticed water in the lower level. Water …
Do you have underinsured motor vehicle coverage? Have you read your insurance policy? Have you talked with your insurance agent about your coverage? You should, because the coverage you have is probably not the coverage you think you have or want. A recent Missouri Court of Appeals decision illustrates this issue. Facts of Case Richard Lawson …
130 W Monroe Ave, Saint Louis, MO 63122
This website is for informational purposes only and does not constitute legal advice. Use of this site does not create an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements, including the information provided on this site.
© 2024 Smith Mueller, LLC | All Rights Reserved