· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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