Legal Opinion
State Ex Rel. Nixon v. Dally
Supreme Court of Missouri
Decided April 1, 2008No. SC 88829PublishedCited by 12 opinions
1Opinion of the Court
MICHAEL A. WOLFF, Judge.
Issue
Does Rule 52.05(a) permit the joinder, in a single case, of claims against two drivers whose cars struck the plaintiff Kendra Nixon’s car in separate accidents?
The dispositive question is whether these two claims were a “series” of occurrences, with a common question of fact or law, to come within the terms of Rule 52.05(a). 1 There is a common question of fact in these claims: what caused plaintiff Nixon’s injuries, that is, which of Nixon’s injuries are the result of the first collision and which of her injuries resulted from the second collision?
Factual and…
2Cases cited11 opinions
- Glick Ex Rel. McGinty v. Ballentine Produce Inc.Supreme Court of Missouri · 1965
- State Ex Rel. Farmers Insurance Co., Inc. v. MurphySupreme Court of Missouri · 1975
- Hager v. McGlynnMissouri Court of Appeals · 1974
- Lucas v. City of JuneauDistrict Court, D. Alaska · 1955
- Myriam Diehl v. H.J. Heinz Company and Metromail CorporationCourt of Appeals for the Seventh Circuit · 1990
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McGuire v. Kenoma, LLCMissouri Court of Appeals · 2012
- Stevenson v. Aquila Foreign Qualifications Corp.Missouri Court of Appeals · 2010
- James Hairston, Individually and Next Friend of E.H, a Minor v. Southern Methodist University, and Brent Erwin, Texas Court of Appeals, 5th District (Dallas)2013
- Celeste Grynberg and Jack J. Grynberg D/B/A Grynberg Petroleum v. M-I L.L.C., Texas Court of Appeals, 13th District2012
- Coronel v. Providence Imaging Consultants, P.A.Court of Appeals of Texas · 2016
7 more not listed; retrieve them via the Exa API.