Legal Opinion
Kesterson v. State Farm Fire & Casualty Co.
Supreme Court of Missouri
Decided January 15, 2008No. SC 88648PublishedCited by 39 opinions
1Opinion of the Court
MICHAEL A. WOLFF, Judge.
Question Presented
The Kestersons had two theories of uninsured motorist liability against their insurer, State Farm, arising from a car accident in which Nicole Kesterson was injured. When the Kestersons voluntarily dismissed one of their two claims, in order to appeal an adverse judgment on the other claim, did they improperly split their cause of action so that the judgment on the first claim barred the second?
Facts and Procedural History
Nicole Kesterson was a passenger in a car driven by her supervisor, Gary Wallut, in the December 1998 accident. The Department of…
2Cases cited5 opinions
- King General Contractors, Inc. v. Reorganized Church of Jesus Christ of Latter Day SaintsSupreme Court of Missouri · 1991
- Chesterfield Village, Inc. v. City of ChesterfieldSupreme Court of Missouri · 2002
- Grue v. HensleySupreme Court of Missouri · 1948
- Kesterson v. WallutMissouri Court of Appeals · 2004
- Kesterson v. WallutMissouri Court of Appeals · 2003
3Cited by39 opinions
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- Arthur Brown v. Kansas City Live, LLCCourt of Appeals for the Eighth Circuit · 2019
- White v. TariqMissouri Court of Appeals · 2009
- A.H. Ex Rel. Hubbard v. Midwest Bus Sales, Inc.Court of Appeals for the Eighth Circuit · 2016
- State ex rel. Jerry Cullen, Relator v. The Honorable Kevin HarrellSupreme Court of Missouri · 2019
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