Legal Opinion

Smith v. Missouri Highways & Transportation Commission

Missouri Court of Appeals

Decided April 30, 2012No. SD 31590PublishedCited by 3 opinions

1Opinion of the Court

JEFFREY W. BATES, Judge.

This is an interlocutory appeal from an order granting class action certification. See Rule 84.035; § 512.020(3).1 The Missouri Highways and Transportation Commission (the Commission) contends the trial court abused its discretion in certifying a class action with a plaintiff class consisting of all persons who sustained injuries or property damage during a five-year period as a result of wet-pavement crashes on a 1.3-mile section of Interstate 44 in Phelps County, Missouri (the 1^14 section). We agree.

I. Factual and Procedural Background

On October 17, 2006, Sherry…

2Cases cited17 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  3. Troy Watson v. Shell Oil Company and Brown & Root, U.S.A., Inc., Robert Adams, Sr. v. Shell Oil Company and Brown & Root, U.S.A., Inc.Court of Appeals for the Fifth Circuit · 1992
  4. Steering Committee v. Exxon Mobil Corp.Court of Appeals for the Fifth Circuit · 2006
  5. In re Tetracycline CasesDistrict Court, W.D. Missouri · 1985

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3Cited by3 opinions

  1. David M. Elsea and Jeanne Morgan, Individually and as Class Representatives v. U.S. Engineering company, a corporation, and Jackson County, MissouriMissouri Court of Appeals · 2015
  2. SHAWN R. MITCHELL v. LOREN KEITH WILSON and LOREN L. WILSON, Defendants-Respondents.Missouri Court of Appeals · 2016
  3. Lauritsen v. State Farm Mutual Automobile Insurance CompanyDistrict Court, E.D. Missouri · 2023

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