Legal Opinion

Barry, Inc. v. Falk

Missouri Court of Appeals

Decided March 6, 2007No. WD 67081PublishedCited by 15 opinions

1Opinion of the Court

RONALD R. HOLLIGER, Presiding Judge.

Barry, Incorporated, and Liberty Mutual Insurance Company (collectively referred to as “Barry”) appeal the trial court’s judgment that Barry’s request to interpret and construe a 1986 workers’ compensation award was barred by res judicata. We find that Barry actually seeks to modify the award, not interpret it, and its request for that relief is an impermissible attempt to collaterally attack the award. Therefore, we affirm.

Facts

Employee Danny Falk, Sr., was injured and died as a result of an accident on June 15, 1982, while working for Barry, Inc. Mr.…

2Cases cited8 opinions

  1. Business Men's Assurance Co. of America v. GrahamSupreme Court of Missouri · 1999
  2. La Presto v. La PrestoSupreme Court of Missouri · 1955
  3. Cantrell v. City of CaruthersvilleSupreme Court of Missouri · 1954
  4. STATE EX INF. VOIGTS, ETC. v. City of Pleasant ValleyMissouri Court of Appeals · 1970
  5. Flanary v. RowlettMissouri Court of Appeals · 1981

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3Cited by15 opinions

  1. Motor Control Specialities, Inc. v. Labor & Industrial Relations CommissionMissouri Court of Appeals · 2010
  2. Eldon Bugg v. James L. Rutter, Jean Goldstein, and Christy BlakemoreMissouri Court of Appeals · 2015
  3. M.W. v. S.W.Missouri Court of Appeals · 2017
  4. Wood v. WoodMissouri Court of Appeals · 2012
  5. Johnson Controls, Inc. v. David TrimmerMissouri Court of Appeals · 2015

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

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