Tuesday, June 27, 2017

Newsome v. Kansas City Missouri Scool District

            It is important for the courts to recognize the public policy exception to at-will employment because it prevents employers from firing employees for following statutes and other rules.  The Supreme Court of Missouri first recognized a cause of action for wrongful discharge in violation of public policy in 2010.[1]  In Newsome, the Supreme Court of Missouri expanded the public policy exception to at-will employment.[2]  The court upheld an employee’s claim against a school district for wrongful discharge in violation of public policy when the employee refused to alter the school district’s contract in violation of the policy behind a statute.

Wilson v. P.B. Patel, M.D., P.C.

            The Supreme Court of Missouri overturned a jury verdict in favor of the defendant in a medical malpractice case, stating that evidence regarding the patient's informed consent to the procedure was not relevant and likely confused the jury.[1]  The court stated that the trial judge should have granted Plaintiff Josephine Wilson's request for a withdrawal instruction relating to the fact that she signed a consent form allowing Defendant Dr. Rohtashav Dhir to perform the procedure.[2]  The case was brought on improper care grounds and not on lack of informed consent grounds, which are separate and distinct theories of medical malpractice.[3]  This case note will examine the procedural issues raised when evidence is introduced by both parties on a different theory of negligence than what was presented in the pleadings and affirmative defenses.