actionable claim (Missouri) · Go Syfert
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actionable claim in Missouri

16 Missouri opinions name it 2 courts 1993–2024 3 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Hansen v. Rittergreen
moctapp · 2012 · cited in 6 Missouri opinions naming this issue, 2013–2016
2 sentences

2016Specifically, “Hansen did not ‘definitively determine the precise parameters of a co-employee’s personal duties to a fellow employee sufficient to support an actionable claim of negligence.”’ Id. at 483 (quoting Hansen, 375 S.W.3d at 217 ).

2015Specifically, “Hansen did not ‘definitively determine the 2 Those duties are: (1) “‘to provide a safe workplace; (2) to provide safe equipment in the workplace; (3) to warn employees about the existence of dangers of which the employees could not reasonably be expected to be aware; (4) to provide a sufficient number of competent fellow employees; and (5) to promulgate and enforce rules governing employee conduct for the purpose of enhancing safety.’” Hansen v. Ritter, 375 S.W.3d 201, 208 (Mo. App. W.D. 2012) (quoting Gunnett v. Girardier Bldg. & Realty Co., 70 S.W.3d 632 , 638 n.8 (Mo. App. E.

16
Hoffmeister v. Kranawettergreen
moctapp · 2013 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024“The elements of unjust enrichment are: (1) a benefit conferred upon the defendant by the plaintiff; (2) appreciation of such benefit; and (3) acceptance and retention of the benefit under circumstances that without payment would be inequitable.” Hoffmeister v. Kranawetter, 407 S.W.3d 59, 61 (Mo. App. 2013); Nationwide Transfer LLC v. Neally Law, LLC, 674 S.W.3d 488 , 491 (Mo. App. 2023).

11
Natalie McKinney v. City of Kansas City, Missourigreen
moctapp · 2019 · cited in 1 Missouri opinions naming this issue, 2023–2023
1 sentence

2023McKinney v. City of Kansas City, 576 S.W.3d 194, 199 (Mo. App. W.D. 2019).

11
Juvenile Officer v. D. P.C. (In re Interest of B.N.C.)green
moctapp · 2018 · cited in 1 Missouri opinions naming this issue, 2023–2023
1 sentence

2023See Clark, 623 S.W.3d at 203 (citing Bram, 564 S.W.3d at 795-96 ; see also Section 213.101.4, RSMo (Cum.

11
State ex rel. Stricker v. Hansongreen
moctapp · 1993 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016Stricker, 858 S.W.2d at 775 (whether the non-taxpayer losing bidder “has standing as a participant in the public contract process is of no consequence to this action and is not addressed by this court”). 4 Aside from its misplaced reliance on Stricker, Metropolitan Express makes the mistake of focusing on the statements in La Mar describing an actionable violation of public bidding laws but ignoring the holding in La Mar that only taxpayers may bring such claims.

11
State v. Middletongreen
mo · 1999 · cited in 1 Missouri opinions naming this issue, 2001–2001
1 sentence

2001See Middleton, 995 S.W.2d at 466 .

11
Murphy v. Carrongreen
mo · 1976 · cited in 1 Missouri opinions naming this issue, 1998–1998
1 sentence

1998Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).

11
Crockett v. Mid-America Health Servicesgreen
moctapp · 1989 · cited in 1 Missouri opinions naming this issue, 1993–1993
1 sentence

1993Crockett v. Mid-America Health Services, 780 S.W.2d 656, 658 (Mo.App.1989).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Estate of McCormack v. McCormack green
moctapp · 1984
2 sentences

1993Appellant further contends that, as to the motion of Western Surety Company, the claim is not "on its face" subject to dismissal "for being barred by the statute of limitations in section 516.120 RSMO." The adequacy of pleadings in a probate proceeding brought pursuant to § 473.340 was addressed in Estate of McCormack v. McCormack, 676 S.W.2d 928 (Mo.App. 1984).

1993Appellant further contends that, as to the motion of Western Surety Company, the claim is not “on its face” subject to dismissal “for being barred by the statute of limitations in section 516.120 RSMO.” The adequacy of pleadings in a probate proceeding brought pursuant to § 473.340 was addressed in Estate of McCormack v. McCormack, 676 S.W.2d 928 (Mo.App.1984).

21993–1993
G. Steven Cox v. Kansas City Chiefs Football Club, Inc. green
mo · 2015
1 sentence

2023Cox, 473 S.W.3d at 118-19 .

12023–2023
Leeper v. Asmus green
moctapp · 2014
1 sentence

2016Specifically, “Hansen did not ‘definitively determine the precise parameters of a co-employee’s personal duties to a fellow employee sufficient to support an actionable claim of negligence.”’ Id. at 483 (quoting Hansen, 375 S.W.3d at 217 ).

12016–2016
Gunnett v. Girardier Building & Realty Co. green
moctapp · 2002
2 sentences

2015Specifically, “Hansen did not ‘definitively determine the 2 Those duties are: (1) “‘to provide a safe workplace; (2) to provide safe equipment in the workplace; (3) to warn employees about the existence of dangers of which the employees could not reasonably be expected to be aware; (4) to provide a sufficient number of competent fellow employees; and (5) to promulgate and enforce rules governing employee conduct for the purpose of enhancing safety.’” Hansen v. Ritter, 375 S.W.3d 201, 208 (Mo. App. W.D. 2012) (quoting Gunnett v. Girardier Bldg. & Realty Co., 70 S.W.3d 632 , 638 n.8 (Mo. App. E.

2015Specifically, “Hansen did not ‘definitively determine the 2 Those duties are: (1) “‘to provide a safe workplace; (2) to provide safe equipment in the workplace; (3) to warn employees about the existence of dangers of which the employees could not reasonably be expected to be aware; (4) to provide a sufficient number of competent fellow employees; and (5) to promulgate and enforce rules governing employee conduct for the purpose of enhancing safety.’” Hansen v. Ritter, 375 S.W.3d 201, 208 (Mo. App. W.D. 2012) (quoting Gunnett v. Girardier Bldg. & Realty Co., 70 S.W.3d 632 , 638 n.8 (Mo. App. E.

12015–2015
State Ex Rel. Badami v. Gaertner green
moctapp · 1982
1 sentence

2012It was unnecessary, therefore, for the Badami court to decide whether to “fix our compensation legislation with [Lambert’s ] independently developed conceptual change,” 630 S.W.2d at 178 ; see Sylcox, 38 S.W.2d at 501 (“[T]he liability of one at common law is left unaffected by the act, except in so far as it has been expressly taken away by it....”).

12012–2012
Robinson v. Hooker green
moctapp · 2010
1 sentence

2012We recognize, of course, that this court in Robinson abrogated Badami’s judicial construct of the Act and thus eliminated immunity for a co-employee who fails to perform one of the employer’s non-delega-ble duties. 15 323 S.W.3d at 424-25 .

12012–2012

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 287.800 (6) MO § Mo. Rev. Stat. § 516.120 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 97 (1980–2026) CT 67 (1985–2024) CA 60 (1971–2025) NJ 51 (1964–2025) MI 50 (1937–2025) IL 45 (1960–2025) NY 45 (1957–2025) TX 35 (1984–2024) IN 33 (1991–2025) WA 28 (1975–2022) IA 27 (1956–2026) DE 20 (2004–2025) KS 19 (1977–2024) MA 18 (1981–2018) LA 18 (1974–2022) HI 18 (1982–2026) GA 17 (1983–2022) NC 17 (1991–2018) MS 16 (1987–2023) PA 16 (1949–2024) MO 16 (1993–2024) CO 14 (1925–2024) WI 14 (1983–2023) OK 13 (1949–2024) TN 12 (1950–2025) FL 11 (1989–2021) ME 11 (1934–2026) AZ 11 (1977–2024) VA 10 (2000–2026) VT 8 (1983–2025) AL 8 (1958–2007) KY 6 (1988–2023) MN 6 (1975–2025) NM 6 (1971–2026) OR 6 (1990–2023) DC 5 (1975–2011) UT 5 (1992–2014) ID 5 (2006–2021) SC 4 (1995–2013) MT 4 (1990–2012) AK 4 (1985–2022) WV 3 (2002–2021) SD 3 (1969–2000) MD 3 (1982–2018) RI 3 (1983–2005) WY 2 (1992–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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