Wednesday, August 31, 2016

Pestka v. State

 Opinion handed down July 26, 2016

Timothy S. Pestka and Rudy M. Chavez (“Appellants”) appealed the Cole County Circuit Court’s decision denying their request to enjoin the enforcement of HB 150, which the Missouri General Assembly passed during the veto session in September 2015.[1]  Appellants contend that the senate lacked authority to override the governor’s veto during the session because the general assembly can only take up a bill in the September veto session if the governor returned the bill on or after the fifth day before the end of the regular legislative session.[2]  

Parr v. Breeden

Opinion handed down June 7, 2016

While driving a tractor-trailer during the course of his employment, Kevin Parr was killed after his truck was involved in a single vehicle accident.[1]  After the accident, Mr. Parr’s children and father brought a wrongful death action against three of Mr. Parr’s supervisors.[2]  The plaintiffs alleged that the supervisors breached personal duties they owed to the decedent that were separate and distinct from the employer’s nondelegable duty to provide a safe workplace for all employees.[3]  The circuit court found that the supervisors did not owe a duty beyond the nondelegable duties they owed Mr. Parr as his employer.[4]  The issues on appeal were: (1) whether the existence of a duty imposed by a federal statute creates a duty that is separate and distinct from an employer’s nondelegable duties, and (b) whether an admission of duty by a defendant is binding on a court where no duty would otherwise exist.[5]