DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
042304P.pdf 08/05/2005 Lamoni K. Riordan v. Corp. of the Presidi
U.S. Court of Appeals Case No: 04-2304
and No: 04-2392
Western District of Missouri
[PUBLISHED] [Riley, Author, with M. Arnold and Bowman, Circuit
Judges]
Civil case - torts. In action by child injured when his father ran over his
foot while mowing grass for the Church of Jesus Christ of Later-Day
Saints, the church did not share the father's parental immunity, and
parental immunity did not bar the child's respondeat superior claim
against the church; evidence did not demonstrate any type of collusion
between the parent and child, and the application of the doctrine's
protection was not necessary to prevent fraud and collusion; father's
actions could not be considered the intervening cause of the accident as
his negligence stemmed directly from the church' failure to train and
supervise him properly; in that connection, the jury verdict established
not only negligence and causation, but the forseeability that the failure to
train and supervise would lead directly to injury; cross-appeal on the
adequacy of the $1.18 million verdict rejected as the district court did not
abuse its almost unassailable discretion in denying the motion for new
trial based on the claim that the amount awarded was against the weight
of the evidence.