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· 10/29/2013

Firebaugh v. Wilkerson

Citations

  • 413 S.W.3d 32
  • 2013 WL 5797657
  • 2013 Mo. App. LEXIS 1287

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that section 33.004’s limitations “prevent a defendant from undercutting the plaintiff’s case by belatedly pointing its finger at a time-barred responsible third party”
  • discussing duty of disclosure under Rule 194.2 in relation to designation of responsible third parties
  • describing the designation requirements as “‘procedural safeguard[s]’ that prevent a defendant from undercutting ‘the plaintiff’s case by belatedly pointing its finger at a time-barred responsible third-party against whom the plaintiff has no possibility of recovery’” (alteration in original
  • describing the designation requirements as \ 'procedural safeguard[s]' that prevent a defendant from undercutting 'the plaintiff's case by belatedly pointing its finger at a time-barred responsible third-party against whom the plaintiff has no possibility of recovery' \ (alteration in original
  • so stating when co-defendant is nonsuited after limitations has run; holding trial court abused its discretion in denying remaining defendant the right to name nonsuited defendant as a responsible third party
  • “The denial of [a party’s] right to allow the jury to determine the proportionate responsibility of all responsible parties is a significant ruling and mandamus review will prevent the impairment or loss of this substantive right.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ahuja, Howard, Pfeiffer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.