Andrew Jackson Higgins

The case involved a lawsuit by Mariana Georgescu and her husband against K Mart Corporation for injuries from a slip and fall in one of its stores caused by spilled food on the floor, resulting in a miscarriage and other permanent injuries. The jury awarded damages to the plaintiffs, finding K Mart 80% at fault. On appeal, K Mart contended that the plaintiffs failed to present sufficient evidence of causation. The Missouri Supreme Court affirmed the judgment, holding that circumstantial evidence, including testimony about the spill's presence and employee actions, was sufficient to submit the case to the jury on the issues of notice and causation.

torts & liability

The case involved a trustee of a trust created under the will of a Missouri domiciliary who sought a refund of Missouri income taxes paid on the trust's entire income for 1984 and 1985, arguing that the state could only tax income from Missouri sources without violating due process. The Administrative Hearing Commission had denied the refund, treating the trust as a resident trust under Missouri statute. The Missouri Supreme Court affirmed that decision, holding that the state had sufficient nexus to tax all trust income because the settlor was domiciled in Missouri, the trust was created there, and the trust owned real estate in the state. The court applied its prior analysis from Swift v. Director of Revenue, finding these contacts provided the necessary benefits and protections to support the tax.

taxes

This case involves Johnny Lee Wilson, who pleaded guilty to first-degree murder and received a sentence of life imprisonment without parole; he later filed a Rule 24.035 motion to vacate the judgment, raising claims that his plea was involuntary due to mental retardation, that the State failed to disclose exculpatory evidence, and that he received ineffective assistance of post-conviction counsel. The motion court denied relief after an evidentiary hearing, and the Missouri Supreme Court granted transfer after the court of appeals affirmed. The Supreme Court first held that it had jurisdiction because the timely filed, verified amended motion cured the lack of verification in the original pro se motion. It then affirmed the denial of relief, concluding that the motion court's findings were not clearly erroneous, that newly discovered evidence was not cognizable in this proceeding, and that the record supported the determination that Wilson's plea was voluntary.

criminal lawprocedure

The case involved Herbert Cline's conviction for possessing methamphetamine under Missouri law after police found the substance in a dresser drawer at the rural home he shared with his girlfriend and her children. The jury had convicted Cline based on evidence that the drawer was used exclusively by him and that he had been present shortly before the search. On appeal, the Supreme Court of Missouri considered both the sufficiency of the evidence to support the conviction and whether the trial court erred in giving the verdict-directing instruction to the jury. The court held that the evidence was sufficient to submit the case to the jury but reversed the judgment and remanded for a new trial because the instruction was erroneous. The core reasoning was that the instruction failed to properly require the jury to find that the defendant knew the nature of the substance he possessed.

criminal law

The case concerned a workers' compensation claim by independent contractor Roger West, who was injured while performing plumbing and electrical work on a house being constructed by David Posten for Posten's personal use. The Commission denied benefits, ruling that West was Posten's statutory employee under section 287.040.1 but that Posten was exempt from liability as the premises owner under section 287.040.3. The Missouri Supreme Court reversed the denial and remanded for calculation of benefits, holding that the owner exemption does not apply when the owner is simultaneously acting as his own general contractor on the project. The court reasoned that the statutory scheme extends liability to prevent evasion of coverage through independent contractors and that Posten qualified as a statutory employer because the work was performed under contract on premises he controlled and was part of his usual business operations.

labor & employment

The case concerned whether the Director of Revenue properly suspended Buttrick’s driver’s license under section 302.304 for accumulating eight points within an eighteen-month period. Buttrick had received two points each for speeding convictions in December 1986 and July 1987, plus six points assessed in June 1989 for a 1986 excessive blood alcohol conviction that was reported late. The trial court reinstated her driving privileges, and the Missouri Supreme Court affirmed that judgment. The court held that points accumulate only upon assessment by the Director following notification of a conviction, not upon the conviction itself, so the delayed assessment meant no eight-point total occurred within any eighteen-month window.

criminal lawprocedure