The Jackson County Circuit Court recently found that Missouri’s “no pay, no play” law is unconstitutional as applied to common law damages claims based on negligence. Under § 303.390, uninsured motorists waive the ability to collect for non-economic loss against an insured motorist due to a motor vehicle accident in which the insured driver is alleged to be at fault.
In striking down defendant’s affirmative defense based on § 303.390 RSMo., the trial court applied Watts v. Lester E. Cox Medical Centers, 376 S.W.3d 633, 637 (Mo. banc 2012), finding that the 1820 Missouri Constitution permitted recovery of non-economic damages without restriction. Thus, the Circuit Court concluded that § 303.390 amounts to an unconstitutional infringement on the right to trial by jury. An appeal seems likely.
For more information on this or other insurance matters click here. And if you’d like to speak with a member of our insurance practice group today, contact Kelvin Fisher.
Recently, a Missouri court sent a slip and fall case to trial because defense counsel did not set out “elements facts” in their summary judgment motion. Custer v. Wal-Mart Stores East I, LP, 492 S.W.3d 212, 215 (Mo. Ct. App. S.D. 2016). The plaintiff testified she felt an onion or lettuce leaf under her foot, which caused her to slip. In response, defense counsel pointed out plaintiff testified in her deposition she had not actually seen the offending produce. Unfortunately for the defendant, the court ruled this was not enough.