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· 11/27/2012

Missouri Department of Transportation ex rel. on Point Contractors, LLC v. Aura Contracting, LLC

Citations

  • 391 S.W.3d 11
  • 2012 WL 5907471
  • 2012 Mo. App. LEXIS 1487

How courts have described this case

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

  • holding that while the trial court may enjoy some discretionary leeway in deciding what instructions are authorized by the evidence, it has no discretion to give an instruction that misrepresents the applicable law
  • allegations of instructional error based upon the claim that the trial court gave an instruction that was not sufficiently supported by the evidence
  • overruled on other grounds by University Medical Center, Inc. v. Shwab, 628 S.W.3d 112 (Ky. 2021)
  • “courts apply the conjunction, ‘and,’ as written by the legislature unless that construction would clearly thwart the intent of the legislature or produce an absurd result”
  • \[A] trial court’s decision on whether to instruct on a specific claim will be reviewed for abuse of discretion; the substantive content of the jury instructions will be reviewed de novo.\
  • \[A] trial court's decision on whether to instruct on a specific claim will be reviewed for abuse of discretion; the substantive content of the jury instructions will be reviewed de nova.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Ahrens, Norton, Sullivan

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.