Supreme Court of Missouri
en banc

May 5, 2009

OPINION BY STITH, C.J.
SC89728	Karri Kinnaman-Carson and Randy Carson, Appellants, vs. Westport Insurance Corporation and ABC Specialty, Inc., d/b/a ABC Tow a/k/a ABC Tow, Respondents.
	REVERSED AND REMANDED. All concur.

OPINION BY PRICE, J.
SC89752	State ex rel. Chris Koster, Attorney General, the Missouri Department of Natural Resources, and the Missouri Dam and Reservoir Safety Council, Appellant, vs. Paul and Marilil Olive, Respondents.
	REVERSED AND REMANDED. All concur.

OPINION BY TEITELMAN, J.
SC89734	Robert E. Fast, M.D., et al., Appellants, vs. F. James Marston, M.D., Respondent.
	AFFIRMED. All concur.

OPINION BY RUSSELL, J.
SC89568	Jay Wolfe Imports Missouri, Inc., Appellant, vs. Director of Revenue, Respondent.
	AFFIRMED. All concur.

OPINION BY WOLFF, J.
SC89704	State ex rel. The Kansas City Southern Railway Company, Relator, vs. The Honorable W. Stephen Nixon, Respondent.
	PRELIMINARY WRIT QUASHED. Stith, C.J., Price, Teitelman and Breckenridge, JJ., concur; Fischer, J., dissents in separate opinion filed; Russell, J., concurs in opinion of Fischer, J.

PER CURIAM
SC88787	State of Missouri, Respondent, vs. Jessica D. Reed, Appellant.
	REVERSED AND REMANDED. All concur.

PER CURIAM
SC89610	Shonnie Newton, et al., Appellants, Michael Nolte and Barbie Nolte, Appellants, vs. Ford Motor Company, Respondent.
	REVERSED AND REMANDED. Stith, C.J., Price, Teitelman and Fischer, JJ., and Dowd and McElwain, Sp.JJ., concur; Wolff, J., concurs in separate opinion filed; Price, J., and McElwain, Sp.J., concur in opinion of Wolff, J. Russell and Breckenridge, JJ., not participating.

PER CURIAM
SC89654	In Re: James T. Madison, Respondent.
	SUSPENDED. Stith, C.J., Price, Russell, Breckenridge and Fischer, JJ., concur; Wolff, J., concurs in separate opinion filed; Teitelman, J., concurs in opinion of Wolff, J.

MOTIONS FOR REHEARING
SC89190	Christopher and Renee Young, Appellants, vs. Family Support Division, State of Missouri Department of Social Services, Respondent.
	Respondent's motion to modify opinion overruled. Opinion modified on Court's own motion. Wolff and Fischer, JJ., not participating.

SC89605	Timothy Coffer, Respondent, vs. Angela Wasson-Hunt, et al., Appellants.
	Opinion modified on Court's own motion.

SC89663	MSEJ, LLC, Appellant, vs. Transit Casualty Company in receivership, Respondent.
	Appellant's motion for rehearing overruled.

SC88497	State of Missouri, Respondent, vs. Kenneth Baumruk, Appellant.
	Appellant's motion for rehearing overruled. Fischer, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC89934	State of Missouri, Respondent, vs. Alan R. Clark, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD68543, denied.

SC89986	DeQuae Woods, Respondent, vs. QC Financial Services, Inc., d/b/a Quik Cash, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90949, denied.

SC90007	William Gray, et al., Respondents, vs. Tim White, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90766, denied.

SC90008	Clifford W. Pearson, Respondent, vs. State of Missouri, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD68719, denied.

SC90009	Daniel J. Bernhardt, Respondent, vs. Mary E. Howe (Bernhardt), Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69089, denied.

SC90010	Horizon Memorial Group, L.L.C., and Bailey & Cox Family Funeral Service, L.L.C., Appellants, vs. Mark H. Bailey, Defendant, Memorial Park Cemetery Association of Missouri and Henry W. DeVry, III, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD68755, denied.

SC90012	State of Missouri, Respondent, vs. Clarence D. White, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69101, denied.

SC90013	Gay Taylor, Individually and as Personal Representative of the Estate of Larry Gene Taylor, Deceased, Appellant, vs. Fire Insurance Exchange, Napoleon Roybal, and Apex Environmental Consultants, Inc., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29102, sustained and cause ordered transferred.

SC90014	In the Estate of Wallace G. Jones, Deceased; State of Missouri, Department of Social Services, MO HealthNet Division, Respondent, vs. Violet J. Knight and Tommy Jones, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD69310, denied.

SC90015	Natalie Walker, Respondent, vs. Michael Aaron Walker, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69198, denied.

SC90022	MC Development Company, LLC, Appellant, vs. Central R-3 School District of St. Francois County, Respondent, Farmington R-7 School District of St. Francois County, Cross-Appellant, Damon Black, Assessor of St. Francois County, Respondent.
	Respondent Central R-3 School District's application for transfer from the Missouri Court of Appeals, No. ED90647, sustained and cause ordered transferred.

SC90026	In the Estate of Mildred Ruth Duvall, Deceased; State of Missouri, Department of Social Services, Division of Medical Services, Respondent, vs. D. Lynn Duvall, Individually and as Trustee of the M. Ruth Duvall Revocable Trust Agreement, and as Trustee for the Family Trust, Appellant, Connie S. Duvall, Plaintiff, Glenda Winkler, Public Adminstrator, as Personal Representative for the Estate of Mildred Ruth Duvall, Respondent.
	Appellant's application for transfer prior to disposition from the Missouri Court of Appeals, No. WD70680, denied.

SC90027	Sarah LaDonna Martin, Surviving Spouse of Charles Martin, Deceased, Individually and as Natural Mother of A.M., a Minor, and Bryon Martin, and Brandy Chatfield, Appellants, vs. Spartan Light Metal Products, LLC, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED91498, denied.

SC90029	State of Missouri, Respondent, vs. Michael E. Jordan, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29195, denied.

SC90030	William Thimiogianis, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91251, denied.

SC90031	State of Missouri, Respondent, vs. Darnell Young, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91052, denied.

SC90032	Michelle Fleshner, Respondent, vs. Pepose Vision Institute, P.C., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED90853, sustained and cause ordered transferred.

SC90033	Jane Doe, Appellant, vs. Missouri Department of Social Services, Missouri Division of Family Support, Missouri Division of Medical Services, and Missouri Division of Legal Services, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91283, denied.

SC90034	State of Missouri, Respondent, vs. Anthony W. Esposito, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90831, denied.

SC90035	John Grable and Tammy Grable, Appellants, vs. Atlantic Casualty Insurance Company, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED91442, denied.

SC90038	Derrick Caffey, Plaintiff, vs. Equilon Enterprises, LLC d/b/a Shell Oil Products, US, ASJ Enterprises, Inc., and Amirali S. Jabrani, Defendants, vs. Reinette Saleeby, Appellant/Cross-Respondent, and Gregory Fenlon, Respondent/Cross-Appellant.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. ED90611 and ED90700, denied.

SC90041	Eric D. Burns, Respondent, vs. Lynn M. Smith, Defendant, and Farmers Alliance Mutual Insurance Company of Kansas, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD29217, sustained and cause ordered transferred. Breckenridge, J., not participating.

SC90043	Richard A. Carden, Appellant, vs. Courtney M. George, Respondent.
	Appellant's application for transfer prior to disposition from the Missouri Court of Appeals, No. SD29623, denied.

SC90045	Kevin W. Hammerschmidt, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90871, denied.

SC90050	J. Michael McCracken, Appellant, vs. Wal-Mart Stores East, LP, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD29087, sustained and cause ordered transferred.

SC90051	East Hills Condominiums Limited Partnership, Respondent, vs. Tri-Lakes Escrow, Incorporated, a/k/a and d/b/a Tri-Lakes Title Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28892, denied.

SC90054	Ronald Joe Hayes, et ux., Appellants, vs. Trisha G. Price, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD27730, sustained and cause ordered transferred. Respondent's application for transfer from the Missouri Court of Appeals, No. SD27730, sustained and cause ordered transferred.

SC90055	State of Missouri, Respondent, vs. Vincent L. Bell, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69050, denied.

SC90057	Mari Joanna Cherkas, Respondent, vs. Brian Scott Cherkas, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED90894, denied.

SC90060	Steven L. Reed, Appellant, vs. Brenda Cirtin, City Clerk, City of Springfield, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28747, denied.

SC90063	James Klotz and Mary Klotz, Respondents, vs. St. Anthony's Medical Center, Appellant, Michael Shapiro, M.D., and Metro Heart Group of St. Louis, Inc., Defendants.
	Respondents's application for transfer prior to disposition from the Missouri Court of Appeals, No. ED92563, denied as moot.

SC90067	Nathaniel Young, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91377, denied.

SC90069	The Cincinnati Insurance Company, Appellant, vs. Ken Howard, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91371, denied. Stith, C.J., not participating.

SC90070	State of Missouri, Respondent, vs. Randy G. Stone, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91186, denied.

SC90073	Paul Jones, Respondent, vs. Lico Steel, Appellant, Treasurer of the State of Missouri-Custodian of the Second Injury Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69637, denied.

SC90074	Edward P. Sherman, Appellant, vs. Norris Lee Hill and Terry Dean Hill, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69463, denied.

SC90075	The Executive Board of the Missouri Baptist Convention, et al., Appellants, vs. Robin Carnahan, et al., Defendants, Windermere Baptist Conference Center, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD69546, denied.

SC90076	Larry D. Neeley, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69639, denied.

SC90080	Mark Karscig, Appellant, vs. Jennifer M. McConville, Appellant, American Family Mutual Insurance Company, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD68866 consolidated with WD68967 and WD69209, sustained and cause ordered transferred.

SC90082	State of Missouri, Respondent, vs. Myson D. Donahue, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD67745, denied.

SC90083	Major Cadillac, Inc., Respondent, vs. General Motors Corporation, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69823, denied. Russell, J., not participating.

SC90084	Sangamon Associates Ltd., et al., Respondents, vs. The Carpenter 1985 Family Partnership Ltd., et al., Appellants.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD69280, denied.

SC90085	Steve Ritchie and Anita Ritchie, Respondents, vs. Allied Property & Casualty Insurance Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28902, sustained and cause ordered transferred.

SC90086	Natalie Adkins, et al., Appellants, vs. Jill Hontz, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD68998 consolidated with WD68999, denied.

SC90090	Dan P. Schroeder, et al., Respondents, vs. Gloria D. Proctor, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD69479, denied.

SC90091	Sondra Gay (Chavez) Walters, Respondent, vs. Jody Lee Chavez, Appellant, Marvin Wesley Walters, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69079, denied.

SC90092	In the Matter of J.L.B., M.K.B., and M.L.B. S.B. and J.B., Appellants, vs. J.L., Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, Nos. SD28760, SD28761, and SD28762, denied.

SC90093	Debra Derousse, Appellant, vs. State Farm Mutual Automobile Insurance Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91614, sustained and cause ordered transferred.

SC90098	Patricia M. Raster, et al., Appellants, vs. Ameristar Casinos, Inc., et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, Nos. ED90984 and ED91098, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC89938	State ex rel. Elaine Brewer, as guardian for Jeffrey Brewer, incompetent, Relator, vs. The Honorable Ronald R. McKenzie, Respondent.
	Petition for writ of prohibition denied without prejudice.

SC89958	State ex rel. Dennis W. Strutton, Relator, vs. Chief Operating Officer of Missouri Sexual Offender Treatment Center, Alan Blake, Respondent.
	Petition for writ of habeas corpus denied.

SC90017	State ex rel. Paul Bryant, et al., Relators, vs. Carter County, Missouri, et al., Respondents.
	Petition for writ of prohibition denied.

SC90018	State ex rel. St. Anthony's Medical Center, Relator, vs. The Honorable Michael T. Jamison, Respondent.
	Petition for writ of prohibition denied.

SC90000	State ex rel. Anthony Zinna, Relator, vs. Troy Steele, Warden, Respondent.
	Petition for writ of habeas corpus sustained. Writ of habeas corpus to issue returnable to Court en Banc in fifteen days.

SC90039	State ex rel. Edison Credit Union, Relator, vs. The Honorable Marco A. Roldan, Respondent.
	Petition for writ of mandamus denied.

SC90042	State ex rel. St. Louis Center for Aesthetic & Restorative Dentistry-Guilan Norouzi, D.D.S., P.C., and Gulian Norouzi, D.D.S., Relators, vs. The Honorable Melvyn W. Wiesman, Respondent.
	Petition for writ of prohibition denied. Russell, J., not participating.

SC90001	State ex rel. Hardy Bevins, Petitioner, vs. Dave Dormire, Superintendent, and Attorney General, Respondents.
	Petition for writ of habeas corpus and mandamus denied.

SC90048	State ex rel. David Dwayne Vaughan, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

SC90079	State ex rel. Julian Ossman, Relator, vs. The Honorable Richard G. Callahan, Respondent.
	Petition for writ of prohibition denied. Relator's motion for stay overruled as moot.

SC90095	State ex rel. Ryan Ferguson, Petitioner, vs. Dave Dormire, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC62464	State of Missouri, Respondent, vs. Mitchell Allen Jensen, Appellant.
	Appellant's motion to recall the mandate overruled.

SC89737	Beverly Enterprises-Missouri, Inc., d/b/a Glennon Place Nursing Center, et al., Appellants, Bethesda Long Term Care, Inc., Amicus Curiae, vs. Department of Social Services, Division of Medical Services, Respondent.
	Appellants' motion to strike supplemental legal file ordered taken with the case.

SC90021	State of Missouri, Respondent, vs. Paul Wesley McCurry-Bey, Appellant.
	Appellant's motion to file trial exhibits out of time sustained.

SC89840	Saint Louis University and Paulo Bicalho, M.D., Appellants, vs. Alice Geary, Individually and as Personal Representative of the Estate of Phillip Sgroi, Respondent.
	Respondent's motion to admit Phillip Sgroi's videotaped deposition as an exhibit sustained in accordance with the stipulation of the parties filed herein. Wolff, J., not participating.

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