Legal Opinion

McDowell v. Kearns

Missouri Court of Appeals

Decided October 4, 1988No. WD 40247PublishedCited by 7 opinions

1Opinion of the Court

LOWENSTEIN, Judge.

McDowell appeals from a court tried action for specific performance of a settlement agreement. She had been a passenger in an automobile driven by Maubach that collided with an automobile driven by Kearns. Employing attorney Colyer she sued for personal injuries. There were settlement discussions as the February 23, 1987 trial date approached. On Friday, February 20, the defendants, through attorney Milne offered the plaintiff McDowell a total of $6,000 to settle. Plaintiffs attorney said, “then the case is settled.” Over that weekend the plaintiff dismissed Colyer, hired…

2Cases cited6 opinions

  1. Barton v. SnellsonMissouri Court of Appeals · 1987
  2. Southwestern Bell Telephone Co. v. RoussinMissouri Court of Appeals · 1976
  3. Leffler v. Bi-State Development AgencyMissouri Court of Appeals · 1981
  4. Hayes v. ReynoldsMissouri Court of Appeals · 1979
  5. Higgins v. RachfordSupreme Court of Missouri · 1957

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

3Cited by7 opinions

  1. Chaganti & Associates, P.C. v. Thomas Nowotny Roger v. Vardeleon, in Re Chaganti & Associates, P.C.Court of Appeals for the Eighth Circuit · 2006
  2. Byrd v. LiesmanMissouri Court of Appeals · 1992
  3. Johnson v. Long John Silver's Restaurants, Inc.District Court, M.D. Tennessee · 2004
  4. Kenney v. VansittertMissouri Court of Appeals · 2008
  5. Buemi v. KerckhoffSupreme Court of Missouri · 2011

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

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