PS Partner: Dean Nichols
PS Associate: Jim Ribaudo
We Represented: Ernest Rosener, Jr.
Venue: Missouri Court of Appeals, Eastern District
Facts: Judgment of the trial court finding in favor of the existence of an easement for our client on the basis of a road maintenance agreement recorded prior to the transfer of property.
Verdict: Appeal – Judgment Affirmed
Each year, Super Lawyers rate outstanding lawyers from over 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process starts with peer nominations which are then validated by 3rd party research which looks at 12 different evaluation categories. The evaluations are then reviewed by a highly credentialed panel of attorneys who choose the top 5% Super Lawyers and the top 2.5% of Rising Stars.
Pitzer Snodgrass, P.C. is proud to recognize 8 of our attorneys who were added to the 2016 list of Missouri Super Lawyers:
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PS Partner: Dean Nichols
PS Associate: Chris Enger
We Represented: Red-E-Mix, LLC (Buzzi Unicem USA, Inc.)
Venue: St. Clair County, IL
Our client, Red-E-Mix, was added to this case as a third-party defendant to an underlying breach of contract action for alleged defects in plaintiffs’ driveway. Red-E-Mix, the provider of the concrete, was joined as a third-party defendant. The third-party complaint alleged that the concrete provided by Red-E-Mix was defective. We filed a fourth-party complaint upon Columbia Quarry, alleging that the aggregate used in the concrete was defective. Both Red-E-Mix and Columbia Quarry moved for Summary Judgment on the basis that Illinois does not recognize implied indemnity when the underlying claim sounds in contract and there is no tort claim. The motions were granted because Avalon could not show that either Red-E-Mix or Columbia Quarry expressly indemnified it and the judge agreed that implied indemnity was not a valid cause of action on an underlying contract claim.
Verdict: Summary Judgment Granted for Defense
PS Associate: Ryan Niehaus
Pitzer Snodgrass, P.C. assisted by Associate Ryan Niehaus obtained an order granting a Motion to Dismiss based upon lack of justiciable controversy. Plaintiff filed a class action lawsuit against PS’ client, a third-party administrator, seeking declaratory and injunctive relief that plaintiff not be obligated to reimburse amounts paid for nurse case management fees associated with plaintiff’s workers’ compensation claim. Pitzer Snodgrass, P.C. and Mr. Niehaus argued that there was no justiciable controversy since the third-party administrator did not hold the subrogation claim. Instead, pursuant to Missouri’s Workers’ Compensation Act, only the employer and the employer’s insurer hold the claim for subrogation – not the third-party administrator. The court granted defendant’s motion and dismissed plaintiff’s class action suit.
PS Partner: Michael Hamlin
Principal Michael Hamlin obtained an order granting a Motion to Dismiss for Lack of Personal Jurisdiction. Plaintiff claimed to have suffered a traumatic brain injury as a result of striking his head multiple times while a passenger in a vehicle driven by Pitzer Snodgrass’ client. The accident occurred in the Congo and PS’ client was a resident of Maryland. Mr. Hamlin challenged the court’s ability to exercise personal jurisdiction over the defendant. Plaintiff argued that the defendant had systematic, continuous, and substantial contacts with Missouri, such that personal jurisdiction should be asserted. Following oral argument, the court granted defendant’s motion and dismissed Mr. PS’ client.