Below are summaries of recent court rulings and legislative decisions affecting some of those we represent.  Ensuring that our clients are up-to-date is representative of the comprehensive service provided by the attorneys at Williams Venker & Sanders.  Furthermore, our lawyers are always on hand to counsel their clients when critical issues arise influencing them and their interests.    

Recovery of Medical Expenses Under Section 490.715, RSMO Deck v. Teasley, 322 S.W.3d 536 (Mo. banc 2010)
In Deck v. Teasley, the Missouri Supreme Court held a plaintiff can recover the "value" of medical expenses, based on the amount billed, even though neither the plaintiff, nor anyone else, paid the full "value" amount or was ever obligated to pay that amount. This is a surprising result for two main reasons: 1) it departs from the Court's own precedent of tort awards being "compensatory only"; and 2) ironically, it relies on a statute from Missouri's 2005 Tort Reform, which was undisputedly intended to limit recoveries and not to expand them.

McCracken v. Wal-Mart Stores East, LP 298 S.W.3d 473 (Mo.banc 2009)
In this recent opinion, the Missouri Supreme Court overruled all cases holding the applicability of the Workers' Compensation Act (the "Act") is a matter of trial court's subject matter jurisdiction of the Labor and Industrial Relations Committee as an affirmative defense in its responsive pleading.

Berra v. Danter, 29 S.W.3d 690 (Mo.App.E.D. 2009)
In Berra v. Danter, the Missouri Court of Appeals, Eastern District, addressed what has been a disputed issue among litigants: whether the reasonable value of plaintiff's medical services may be determined by looking to the amount of medical expenses "incurred," or only by looking to the amount of medical expenses actually paid. The Eastern District held a trial court can consider the amount "incurred" as reflected in plaintiff's medical bill statements, even where the amount actually paid may be substantially lower due to write-offs.

Nelson v. Aurora Equipment Company, 391 Ill. App.3d 1036, 909 N.E.2d 931 (2nd Dist. 2009)
Illinois Supreme Court finally addresses the Lipke Rule and substantially limits its application.

Nolan v. Weil-McLain 233 Ill.2d 416, 910 N.W.2d 549 (2009)
On April 16, 2009, the Illinois Supreme Court issued its opinion in Nolan v. Weil-McLain, No. 103137, (Ill. 2009), which substantially limits the so-called Lipke rule.  The Lipke Rule stems from a long-misinterpreted paragraph in Lipke v. Celotex Corp. holding that any defendant remaining in a case at trial could not admit evidence of the plaintiff’s alleged exposure to asbestos products of other defendants who were not sued or who settled prior to trial.

Mo. Alliance for Retired Americans v. Dep’t of Labor, 277 S.W.3d 670 (Mo. banc 2009)
Recent Missouri Supreme Court decision has the potential to change the worker’s compensation system as we know it.