Supreme Court of Missouri
en banc

January 30, 2024

OPINION BY POWELL, J.
SC100116	Emanuel Matthews, et al., Appellants, vs. Harley Davidson, et al., Respondents.
	VACATED AND REMANDED. Russell, C.J., Fischer, Ransom, Wilson and Broniec, JJ., concur. Gooch, J., not participating.

OPINION BY WILSON, J.
SC100089	Dane Templeton, Appellant, vs. Charles Orth, D.O., and Orthopedic Surgeons, Inc., Respondents.
	AFFIRMED. Russell, C.J., Powell, Fischer, Ransom and Broniec, JJ., concur. Gooch, J., not participating.

OPINION BY WILSON, J.
SC100041	State of Missouri, Respondent, vs. David Scott Nowicki, Appellant.
	VACATED AND REMANDED. Powell, Fischer and Ransom, JJ., concur; Gooch, J., dissents in separate opinion filed; Russell, C.J., and Broniec, J., concur in opinion of Gooch, J.

OPINION BY BRONIEC, J.
SC99876	City of St. Louis, et al., Appellants, v. State of Missouri, et al., Respondents.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. Russell, C.J., Powell, Fischer, Ransom and Wilson, JJ., concur. Gooch, J., not participating.

MOTIONS FOR REHEARING
SC100006	Jeannie E. Harper, Respondent, vs. Springfield Rehab and Health Care Center/NHC Health, Appellant, Premier Group Insurance Company Corvel Enterprise Company, Inc. (TPA), Appellant, and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent. Broniec and Gooch, JJ., not participating.
	Motion for rehearing overruled.

SC100043	City of Harrisonville, et al., Appellants, vs. Missouri Dept. of Natural Resources and Board of Trustees for the Petroleum Storage Tank Insurance Fund, Respondents. Gooch, J., not participating.
	Motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC100291	State of Missouri ex rel. Jeff Peters & John Newman, Appellants-Respondents, vs. Scott Fitzpatrick, Treasurer, State of Missouri and Colleen Joern Vetter, Director of the Missouri Division of Workers' Compensation, Respondents-Appellants.
	Appellants-Respondents' application for transfer from the Missouri Court of Appeals, No. WD85719 consolidated with No. WD85777, denied.

SC100329	C.H., and S.S., Appellants, vs. Infertility Center of St. Louis, Defendant, and Sherman J. Silber, M.D., and St. Luke's Episcopal-Presbyterian Hospitals, d/b/a St. Luke's Hospital, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED111405, denied.

SC100344	Alisha Dawn Obermann, Cory A. Obermann, and Clint W. Obermann, Appellants, vs. Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED111004, denied. Broniec, J., not participating.

SC100345	State of Missouri, Respondent, vs. Kenny Jackson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD37762, denied. Gooch, J., not participating.

SC100346	State of Missouri, Respondent, vs. Kevin Lee Hausmann, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD37514, denied.

SC100357	Tamara Yao, Respondent, vs. Franck William Yao, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED111315, denied.

SC100358	State of Missouri, Respondent, vs. Joshua Armando Aldana, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD85526, denied.

SC100361	Wilford Freestone, Appellant, vs. The Board of Police Commissioners Kansas City, Missouri, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD85492, denied.

SC100362	State of Missouri, Respondent, vs. Keith C. Graham, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED110768, denied.

SC100363	Courtney Little, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED111290, denied.

SC100364	Rosalyn Barnes, Appellant, vs. Athene Annuity & Life Assurance Company f/k/a Liberty Life Insurance f/k/a Business Men's Assurance Company of America, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD85464, denied.

SC100372	State of Missouri, Respondent, vs. Joshua O'Keefe, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED110330, denied.

SC100375	Sefika Tursunovic, Appellant, vs. Second Injury Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED111556, denied.

SC100377	James Robert Caraway, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD37816, denied.

SC100381	State of Missouri, Respondent, vs. John Phillip Wright Dukeman II, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED111325, denied.

SC100385	Jahnae Andre, a/k/a Jahnae Powell, Appellant, vs. Tei L. Powell, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED111568, denied.

SC100387	State of Missouri, Appellant, vs. Kristina Proctor, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD37599, denied.

SC100390	Daniel Crowder, Respondent, vs. Ingram Barge Company, LLC, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED111416, denied.

SC100391	Aaron M. Burnett, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD37473, denied.

SC100392	State of Missouri, Respondent, vs. Cal Lavour Lane, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD37881, denied.

SC100394	Z.R., a minor, by and through her mother and next friend, T.R. and by and through her father and next friend, R.R., Respondents, vs. Kansas City Pediatrics, LLC, and Scott Dattel, M.D., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD85751, denied.

SC100395	B&G Land Development, LLC, Appellant, vs. Jackson County Public Water Supply District #17, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD85866, denied.

SC100396	Dominique Kemper, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED111038, denied.

SC100397	Jaylen James, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD85640, denied.

SC100398	Lewis C. Marshall, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD85339, denied.

SC100399	Phillip Crisp, Appellant, vs. Missouri School for the Deaf, Department of Elementary & Secondary Education, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD85660, denied.

SC100400	James Smith, Individually and on behalf of all others, Respondent, vs. American Detective Services, Inc., Respondent, Scottsdale Insurance Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD85454, denied. Powell, J., not participating.

SC100401	Rashod L. James, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD85347, denied.

SC100408	Lisa Schermerhorn, Appellant, vs. GT Striping, LLC, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD85836, sustained and cause ordered transferred.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC100274	State ex rel. Kent Taylor, Petitioner, vs. David Vandergriff, Respondent.
	Petition for writ of habeas corpus denied.

SC100348	State ex rel. Tyrone Henderson, Petitioner, vs. Myles Strid, Respondent.
	Petition for writ of habeas corpus denied.

SC100350	State ex rel. Seasons Operator, LLC and Tiffany Mayberry, Relators, vs. The Honorable Cory Lee Atkins, Respondent.
	Petition for writ of mandamus or, in the alternative, prohibition denied.

SC100354	State ex rel. Jamar Staten, Petitioner, vs. Michele Buckner, Respondent.
	Petition for writ of habeas corpus denied.

SC100360	State ex rel. Safeco Insurance Company of America, Relator, vs. The Honorable Jessica Agnelly, Respondent.
	Petition for writ of prohibition denied.

SC100365	State ex rel. Anthony Howell, Petitioner, vs. Doris Falkenrath, Respondent.
	Petition for writ of habeas corpus denied.

SC100371	State ex rel. Charles J. White, Relator, vs. The Honorable Joseph A. Rathert, Respondent.
	Petition for writ of mandamus denied.

SC100380	State ex rel. Christopher Long and City of St. Peters, Missouri, Relators, vs. The Honorable Daniel Pelikan, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days.

SC100339	State ex rel. Roosevelt Martin, Petitioner, vs. Christopher Brewer, Respondent.
	Petition for writ of habeas corpus denied.

SC100384	State ex rel. Mazda Motor Corporation, Relator, vs. The Honorable Sarah Castle, Respondent.
	Petition for writ of prohibition denied.

SC100393	State ex rel. Dr. Nicholas Smith and Heartland Regional Medical Center d/b/a Mosiac Life Care at St. Joseph, Relators, vs. The Honorable Kate E. Schaefer, Respondent.
	Petition for writ of prohibition denied. Relators' Motion to expedite consideration or Relators' petition for writ of prohibition and stay jury trial setting of March 4, as to Relators overruled.

SC100417	State ex rel. Severien Meyer, Relator, vs. The Honorable Ryan Helfrich, Respondent.
	Petition for writ of prohibition denied.

Day - to - Day,

____________________________________
Mary R. Russell, Chief Justice

Home | Supreme Court | Court of Appeals | Circuit Courts
Office of State Courts Administrator | Statewide Court Automation
Case.net | Court Opinions | Newsroom | Related Sites | Court Forms
Contact Us