Missouri Court of Appeals: Asbestos Cases

Our case-law library holds 21 asbestos decisions from the Missouri Court of Appeals (1987–2023). Each links to our summary and the full opinion.

• State: Missouri
• Kind of court: State appeals court

Decisions

• Barnes v. Athene Annuity & Life Assurance Company (Western District, 2023). The appeals court reversed summary judgment for Athene Annuity & Life Assurance Co. and remanded the case, with Roslyn Barnes's sanctions motion, to the trial court for further proceedings.
• Callanan v. Chesterton (Eastern District, 5th Division, 2020). The Missouri Court of Appeals reversed the summary judgment for Cleaver-Brooks, Inc. and remanded for further proceedings, ruling for the plaintiffs, Mary Callanan and Kelley Miller.
• Hayden v. Cut-Zaven, Ltd. (Eastern District, 4th Division, 2020). The Court of Appeals reversed the Labor and Industrial Relations Commission's denial of workers' compensation benefits, held that the hairdresser's job was the prevailing factor causing his mesothelioma, set his date of injury as June 26, 2014, and remanded for the remaining issues, with the claimant (his widow) prevailing over the employers Cut-Zaven and Papillion.
• Ingham v. Johnson & Johnson (Eastern District, 2nd Division, 2020). The court reversed the judgment against Johnson & Johnson Consumer Companies on two out-of-state plaintiffs' claims and against Johnson & Johnson on all seventeen out-of-state plaintiffs' claims for lack of personal jurisdiction, rejected the defendants' other challenges, and entered a reduced judgment of $500 million compensatory and $900 million punitive against JJCI and $125 million compensatory and $715,909,091 punitive against J&J.
• Hegger v. Valley Farm Dairy Company (Eastern District, 4th Division, 2019). The Court of Appeals reversed the Labor and Industrial Relations Commission's denial of enhanced mesothelioma benefits to Hegger's children and remanded to determine which insurer covered Hegger's last exposure, with one judge dissenting.
• Accident Fund Insurance Company v. Casey (Western District, 2017). The Court of Appeals did not decide the merits; it transferred the case to the Missouri Supreme Court because the insurer's and employer's constitutional challenge to the statute is within that court's exclusive jurisdiction.
• Poage v. Crane Co. (Eastern District, 2nd Division, 2017). The Missouri Court of Appeals affirmed the judgment for Jeanette Poage against Crane Co., rejecting Crane's challenges to liability, the $10,000,000 punitive award, and the settlement offset.
• Urbach v. the Okonite Company (Eastern District, 2017). The Missouri Court of Appeals affirmed the judgment for plaintiff Jean Urbach against Okonite, rejecting all four of Okonite's challenges: the evidence rulings, the causation challenge, the Wisconsin damages cap, and the trust assignment request.
• Bergstrom v. Welco Manufacturing Company (Eastern District, 1st Division, 2015). The Missouri Court of Appeals reversed the trial court's summary judgment for Welco Manufacturing and remanded, ruling for the Bergstroms because a genuine factual dispute existed about exposure to asbestos-containing Welcote joint compound.
• Foreman v. AO Smith Corp. (Eastern District, 4th Division, 2015). The Missouri Court of Appeals affirmed the judgment for Lawrence Foreman against Sid Harvey Industries, rejecting all four of Sid Harvey's challenges to the verdict and the judgment reduction.
• Wagner v. Bondex International, Inc. (Western District, 2012). The court reversed the judgment against Simpson Timber for lack of proof its tile contained asbestos, affirmed the judgment against Bondex and the damages amount, and remanded to reallocate Simpson Timber's 35% of fault between Bondex and Conwed.
• State EX rel. Kcp&l Greater Missouri Operations Company v. Cook (Western District, 2011). The en banc Western District quashed its preliminary writ of prohibition, leaving in place the circuit court's denial of KCP&L's summary judgment motion, so Gunter (the worker) may pursue his common-law claims against KCP&L; two judges dissented.
• State EX rel. Ford Motor Company v. Nixon (Western District, 2007). The Court of Appeals made absolute its writ of prohibition, barring the Jackson County circuit court from proceeding on the workplace injury claims against Ford and F.X. Scott and directing dismissal of Counts IV, V and the related part of Count VI without prejudice, so Ford and Scott won and the Dietikers lost.
• HK Porter Company, Inc. v. Transit Casualty Company IN Receivership (Western District, 2006). The appeals court affirmed the judgment for Transit Casualty, holding that H.K. Porter and its subsidiaries, including the acquired asbestos companies, were covered by the policies but subject to the asbestos-related injury exclusion for the whole policy period, including May 1-24, 1982.
• Goede v. Aerojet General Corporation (Eastern District, 3rd Division, 2004). The Missouri Court of Appeals affirmed the judgment for the plaintiffs against Aerojet, rejecting all of Aerojet's points on appeal, including its challenges to the discovery sanction, expert exclusion, choice of law, remittitur and jury instructions.
• Hoskins v. Business Men's Assurance (Western District, 2003). The appeals court affirmed the jury's verdicts for Forest and Julia Hoskins against T & N and Federal-Mogul, including the $7 million punitive award, but reversed the trial court's award of prejudgment interest on the punitive damages.
• Nugent v. Owens-Corning Fiberglas, Inc. (Eastern District, 3rd Division, 1996). The Missouri Court of Appeals affirmed the judgment on the jury verdict for Owens-Corning Fiberglas and ACandS, rejecting the widow's claims of trial error (one judge dissented as to the Hazard deposition).
• Clayton Center Assoc. v. WR Grace & Co. (Eastern District, 2nd Division, 1993). The Missouri Court of Appeals affirmed the trial court's judgment, upholding the jury's compensatory award for the building owners against W.R. Grace and leaving in place the JNOV that removed the punitive damages award.
• Harashe v. Flintkote Co. (Eastern District, 3rd Division, 1993). The Missouri Court of Appeals affirmed the $2.5 million jury verdict and judgment for plaintiff Edward Harashe against W.R. Grace & Co.—Conn.
• Hagen v. Rapid American Corp. (Eastern District, 4th Division, 1990). The appeal was dismissed because the plaintiffs (the Hagen family) were not parties aggrieved by the order quashing service on Rapid American Corporation and dismissing it without prejudice for lack of personal jurisdiction.
• Speck v. Union Elec. Co. (Eastern District, 2nd Division, 1987). The appeals court reversed the trial court's dismissal of the wrongful death count against employer Union Electric and remanded so the children of Stephen Speck could replead; the claim over the initial illness stayed barred, but the concealment-of-health-information allegation might support a claim.