Porter v. Crawford & Co.

DIXON, Judge.

Plaintiff appeals from an order of the trial court sustaining motions to dismiss both counts of plaintiff’s action with the collateral effect of the dismissal of the cross-claims against the third party defendant pleaded by defendants under the doctrine of Missouri Pacific Railroad Company v. Whitehead and Kales Co., 566 S.W.2d 466 (Mo.banc 1978).

The principal issue to be resolved is whether or not the law of Missouri will permit a recovery in tort for a lawful act performed maliciously and with the intent of causing harm to a plaintiff.

The scope of review of the motions to…