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The Looming Attack on Damage Caps in Missouri Medical Malpractice Cases

The issue of damage caps is an area of ongoing litigation in Missouri.  A new case has just been handed down by the Missouri Supreme Court which provides some clarity on the issue of statutory damage caps on non-economic damages but fails to fully resolve the issue. Currently, Missouri has a $406,800.00 cap on non-economic damages in medical negligence cases not resulting in death and a $711,900.00 cap non-economic damages in medical negligence cases resulting in death.  Mo. Rev. Stat. §538.210 (2015).  The cap increases annually at a constant rate of 1.7%.  The above numbers are current as of January 1, 2016 but will increase again on January 1, 2017.  Read more

Release, Waiver, and Assumption of Risk for Cycling Incident – Summary Judgment Affirmed

Pitzer Snodgrass Lawyers: Peter Dunne and Bob Plunkert

Our Client: City of Chesterfield, Missouri

Venue: St. Louis County Circuit Court, appeal to Missouri Court of Appeals for the Eastern District

Plaintiff Steven Glazer filed a personal injury case in St. Louis County Circuit Court alleging the City of Chesterfield was negligent regarding alleged surface hazards on the roadway during a Pedal for the Cause event.  The Plaintiff executed a one-page “Waiver” before the event, which provided the following: Read more