Legal Opinion

Missouri Highway & Transportation Commission v. Kansas City Cold Storage, Inc.

Missouri Court of Appeals

Decided April 22, 1997No. WD 52474PublishedCited by 14 opinions

1Opinion of the Court

LOWENSTEIN, Judge.'

The issue presented here is: Can a party sued in negligence for damages obtain a comparative fault instruction, and can a jury reduce the damages to the extent of state’s fault?

The facts underlying this action for damages involve a March 1990 fire which was started by vagrants and caused property damage to the Kansas City Cold Storage (Cold Storage) facility and the Missouri Highway and Transportation Commission’s, (the Commission’s), newly constructed 3rd Street southbound off-ramp of the Heart of America Bridge in Kansas City. The Commission filed suit against Cold…

2Cases cited16 opinions

  1. United States v. MottoloDistrict Court, D. New Hampshire · 1985
  2. Bayne v. JenkinsSupreme Court of Missouri · 1980
  3. State v. WeatherbySupreme Court of Missouri · 1939
  4. French v. Missouri Highway & Transportation CommissionMissouri Court of Appeals · 1995
  5. State v. ShinkleOregon Supreme Court · 1962

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

3Cited by14 opinions

  1. City of South Burlington v. Department of CorrectionsSupreme Court of Vermont · 2000
  2. Avery Contracting, LLC v. Richard Niehaus, Lisa J. Niehaus, Alicia Niehaus, Creekstone Homeowners Association, and Missouri Highways and Transportation CommissionSupreme Court of Missouri · 2016
  3. Balke v. Central Missouri Electric CooperativeMissouri Court of Appeals · 1998
  4. Cohen v. Express Financial Services, Inc.Missouri Court of Appeals · 2004
  5. Wyman v. Missouri Department of Mental HealthMissouri Court of Appeals · 2012

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

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