News & Resources

If you hold the power of attorney for someone, you may wonder if you have the ability to gift the principal’s property. Maybe you are questioning whether gifts by a family member’s power of attorney are proper. Perhaps you hold power of attorney and are considering a gift to you yourself! Pursuant to Missouri statute, ... Read more

A recent Missouri Southern District Court of Appeals ruling allowed a medical malpractice plaintiff to maintain her causes of action even though the health care affidavit of merit did not meet statutory requirements. Facts of Case Patricia Caplinger filed a medical malpractice suit against Salim Rahman, M.D. and Salim Rahman, M.D., LLC. Caplinger’s attorney filed ... Read more

Facts of Case Bishop & Associates, LLC (“B&A”) is a plumbing contractor that provided plumbing services to Ameren Corporation. B&A provided the services as an  independent contractor. Either party could terminate the independent contractor agreement on 30 days written notice.  In performing its duties, B&A prepared reports that identified potential environmental contamination issues at Ameren’s properties. ... Read more

Facts of Case United Fire and Casualty Company (“United”) issued two homeowner’s insurance policies to Jeffrey Cox. Jeffrey had created a revocable living trust and titled a boat in the name of the trust. While using the boat, one of Jeffrey’s sons started the engine while another member of his party, Zachary Hall, was in ... Read more

Facts of Case Aaron Clampitt was injured in a car accident. The other driver’s insurer paid him $25,000. Because that amount did not cover Clampitt’s damages, he made  claim for underinsured motorist (“UIM”) coverage. Clampitt’s insurer, Geico, had issued Clampitt a policy covering three vehicles. Geico paid Clampitt $50,000, the policy’s per person limit for ... Read more

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. ... Read more

Facts of Case Patient Josephine Wilson brought a claim for medical malpractice against Dr. Rohtashav Dhir and his practice group. Dr. Dhir performed an endoscopy on Ms. Wilson to examine her esophagus. Prior to performing the procedure, Dr. Dhir documented that Ms. Wilson understood she might need dilation of her esophagus depending on the findings. Ms. ... Read more

What Is A Revocable Living Trust A trust is an agreement that determines how a person’s property is to be managed and distributed during his or her lifetime and also upon death. A “living trust” is one created during the settlor’s lifetime. A “revocable” trust is one where the settlor has reserved the right to amend ... Read more

Underinsured motorist coverage is commonly misunderstood. A recent decision issued by the United States District Court illustrates this point. Kelly Williams died in a motor vehicle accident when a vehicle driven by Dylan Meyer struck her car. Meyer had an automobile insurance policy with liability limits of $250,000. Williams had an automobile policy with AMCO Insurance Company that ... Read more

What is a will? A will is a legal document that sets forth who will receive your property when you die. It can also include instructions for payment of any debts you owe at the time of death as well as identify who will care for any minor children who might survive you. You must ... Read more