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.
102636P.pdf 07/06/2011 Paula Kingman v. Dillards, Inc.
U.S. Court of Appeals Case No: 10-2636
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Melloy, Author, with Wollman and Gilman, Circuit
Judges]
Civil case - torts. Damage award for injuries suffered in store accident
affirmed as the district court did not err as a matter of law in concluding
that even if plaintiff was predisposed for injury to her shoulder, defendant
was still required under Missouri law to compensate her for the injuries
she suffered when a store fixture struck her; plaintiff's husband's loss of
consortium award for life-long nursing care is reversed as Missouri law
does not contemplate an unlimited consortium claim of the sort awarded;
as a result, the $1 million loss-of-consortium award is vacated, and the
matter is remanded to the district court for further consideration.