Legal Opinion

First National Bank of Fort Smith v. Kansas City Southern Railway Co.

Missouri Court of Appeals

Decided September 21, 1993No. WD 46969, WD 46986PublishedCited by 19 opinions

1Opinion of the Court

SPINDEN, Judge.

Arthur Santos Felix 1 sued Kansas City Southern Railway Company (KCS) for the injuries he suffered when a KCS vehicle ran over him on KCS tracks near Joplin. A jury found that Felix suffered $4.5 million in damages but assessed him with 15 percent of the fault. KCS appeals. Felix cross-appeals, claiming that the trial court erred in directing a verdict against him on his claim for punitive damages against KCS. We reverse and remand for a new trial.

The accident happened on February 26, 1989, while Felix and his girlfriend’s two children were looking for pennies. They had put the…

2Cases cited52 opinions

  1. Hoover's Dairy, Inc. v. Mid-America Dairymen, Inc./Special Products, Inc.Supreme Court of Missouri · 1985
  2. Burnett v. GriffithSupreme Court of Missouri · 1989
  3. Scheibel v. HillisSupreme Court of Missouri · 1976
  4. Pierce v. Platte-Clay Electric Cooperative, Inc.Supreme Court of Missouri · 1989
  5. Sampson v. Missouri Pacific RailroadSupreme Court of Missouri · 1978

47 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Brown v. Van NoyMissouri Court of Appeals · 1994
  2. Koch Engineering Company, Inc. v. Gibralter Casualty Company, Inc., International Insurance Company, Aetna Casualty and Surety CompanyCourt of Appeals for the Eighth Circuit · 1996
  3. Bowman v. McDonald's Corp.Missouri Court of Appeals · 1995
  4. C.L. Maddox, Inc. v. Benham Group, Inc.Court of Appeals for the Eighth Circuit · 1996
  5. Delgado v. MitchellMissouri Court of Appeals · 2001

14 more not listed; retrieve them via the Exa API.

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