101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Public Duty Doctrine, Negligence

To prevail on a negligence claim, a plaintiff needs to plead that a defendant owed the plaintiff a (1) duty, the (2) defendant breached the duty, and the (3) defendant caused the plaintiff harm/damages. The public duty doctrine usually protects a public officer from negligence claims. Benson v. Kansas City, Bd. of Police Com’rs, 366 […]

Read More

Simple versus Compound Interest on Judgments

In Missouri, Section 408.020, RSMo requires that nine-percent (9%) annual interest typically accrues on monetary judgments. Missouri statutes, however, do not specify whether the interest is simple or compound. Based on case precedent, compound interest is generally not allowable on a judgment.¬†Wallemann v. Wallemann, 817 S.W.2d 548, 549 (Mo. Ct. App. 1991). There are two […]

Read More

Contracts: Condition Precedent

Contractual conditions precedent are not favored in Missouri law but sometimes rear their ugly head in a breach of contract dispute. A condition precedent is a condition that must be fulfilled before the duty to perform an existing contract arises.¬†Bucheit v. Cape Toyota-Suzuki, Inc. 903 S.W.2d 644, 646 (Mo. Ct. App. 1995). Courts will interpret […]

Read More