State Ex Rel. Toastmaster, Inc. v. Mummert

CRAHAN, Presiding Judge.

This is an original proceeding in prohibition seeking to prevent Respondent from taking further action in a personal injury suit on the ground that venue in the City of St. Louis was improperly acquired by reason of Plaintiff's pretensive joinder of his uninsured motorists insurance carrier. We hold that Plaintiffs joinder of his uninsured motorists carrier was pretensive and therefore order our preliminary writ heretofore issued be made permanent.

The underlying action arose from an off-road accident in which Christopher Litty (“Plaintiff”) was allegedly struck by a…