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9 Missouri opinions name it 2 courts 1967–2023 1 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.
| Case | Followed | Cited |
|---|---|---|
Westerhold v. Carrollgreen2 sentences2023Plaintiffs cite the Restatement (Second) of 3 Westerhold noted the rule of privity generally does not apply to an architect's potential liability to third parties or to cases involving negligent acts posing an imminent danger, inherently dangerous products, fraud, collusion, warranties, or the negligent transmission of "telegrams." 419 S.W.2d at 77 . 4 In cases in which these two reasons are absent, the determination of whether a third party not in privity with the defendant may maintain a negligence action "involves the balancing of various factors, among which are the extent to which the tra 2023Plaintiffs cite the Restatement (Second) of 3 Westerhold noted the rule of privity generally does not apply to an architect's potential liability to third parties or to cases involving negligent acts posing an imminent danger, inherently dangerous products, fraud, collusion, warranties, or the negligent transmission of "telegrams." 419 S.W.2d at 77 . 4 In cases in which these two reasons are absent, the determination of whether a third party not in privity with the defendant may maintain a negligence action "involves the balancing of various factors, among which are the extent to which the tra | 1 | 6 |
First National Bank of Sikeston v. Goodnightgreen1 sentence1989See, e.g., First National Bank of Sikeston v. Goodnight, 721 S.W.2d 122, 125 (Mo.App.1986) (“To establish negligent liability for the act of another, a plaintiff must show: (1) the existence of a duty on the part of the defendant to protect the plaintiff from injury; (2) failure of the defendant to perform that duty, and (3) injury to the plaintiff resulting from such failure.”); Westerhold, supra, 419 S.W.2d at 81 (“The determination of whether in a specific case the defendant will be held liable to a third person not in privity is a matter of policy and involves the balancing of various fact | 1 | 1 |
Aluma Kraft Manufacturing Co. v. Elmer Fox & Co.green1 sentence1989Thus, a plaintiff may maintain a malpractice action against an accountant even though the plaintiff is not in privity with the accountant, so long as “the accountant knows the audit is to be use by the plaintiff for its benefit and guidance, or knows the recipient intends to supply the information to prospective users....” 999 v. Cox & Co., 574 F.Supp. 1026 (D.Mo. 1983) (quoting from Aluma Kraft Manufacturing Company v. Elmer Fox & Company, 493 S.W.2d 378, 383 (Mo.App.1973)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Biakanja v. Irving
green
2 sentences1989See, e.g., First National Bank of Sikeston v. Goodnight, 721 S.W.2d 122, 125 (Mo.App.1986) (“To establish negligent liability for the act of another, a plaintiff must show: (1) the existence of a duty on the part of the defendant to protect the plaintiff from injury; (2) failure of the defendant to perform that duty, and (3) injury to the plaintiff resulting from such failure.”); Westerhold, supra, 419 S.W.2d at 81 (“The determination of whether in a specific case the defendant will be held liable to a third person not in privity is a matter of policy and involves the balancing of various fact 1989See, e.g., First National Bank of Sikeston v. Goodnight, 721 S.W.2d 122, 125 (Mo.App.1986) (“To establish negligent liability for the act of another, a plaintiff must show: (1) the existence of a duty on the part of the defendant to protect the plaintiff from injury; (2) failure of the defendant to perform that duty, and (3) injury to the plaintiff resulting from such failure.”); Westerhold, supra, 419 S.W.2d at 81 (“The determination of whether in a specific case the defendant will be held liable to a third person not in privity is a matter of policy and involves the balancing of various fact | 3 | 1967–1989 |
Miller v. Big River Concrete, LLC
green
1 sentence2005Each and every one of the above elements are [sic] not absolutely necessary to authorize an action to be maintained.” Miller, 14 S.W.3d at 134 . 8 . | 1 | 2005–2005 |
999 v. Cox & Co.
green
1 sentence1989Thus, a plaintiff may maintain a malpractice action against an accountant even though the plaintiff is not in privity with the accountant, so long as “the accountant knows the audit is to be use by the plaintiff for its benefit and guidance, or knows the recipient intends to supply the information to prospective users....” 999 v. Cox & Co., 574 F.Supp. 1026 (D.Mo. 1983) (quoting from Aluma Kraft Manufacturing Company v. Elmer Fox & Company, 493 S.W.2d 378, 383 (Mo.App.1973)). | 1 | 1989–1989 |
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.