Lathrop Gage Obtains Two Wins in One Day at Missouri Supreme Court


JEFFERSON CITY, Mo. (Nov. 21, 2014) – Lathrop Gage was recently successful in obtaining two appellate wins in the same day for its clients in the Missouri Supreme Court. Both wins were led by Chad Blomberg, marking his fifth appellate win in the last 12 months. 

The first case involved personal injury at an amusement park in which the firm’s client and park operator was originally ruled at fault by a Clay County jury. After the Lathrop Gage team was hired, the Missouri Supreme Court agreed to rehear the case and eventually reversed the verdict and awarded a new trial. The Supreme Court decision puts Missouri back in line with the numerous states that require amusement park operators to use ordinary care rather than the highest degree of care, which is typically limited to inherently dangerous activities. More importantly, the ruling protects the client’s employees and allows the amusement park to continue business operations. Lathrop Gage’s team consisted of Chad Blomberg,David Frye, Kent Sellers and Tom Stahl

The second case involved a hog farm nuisance matter in which the plaintiff was awarded a significant monetary judgment but not post-judgment interest. After an appeal by the defendants had concluded, the plaintiffs filed a motion for a nunc pro tunc amendment raising, for the first time, the trial court’s alleged failure to award post-judgment interest as required by statue. The trial court awarded the requested interest and the appeals court confirmed. Lathrop Gage persuaded the Supreme Court to completely reverse the interest award due to fact that nunc pro tunc jurisdiction exists only to correct clerical omissions and cannot be used to correct substantive errors. This award reversal demonstrates the breadth of knowledge and experience that Lathrop Gage continues to provide its clients. Lathrop Gage’s team consisted of Chad Blomberg, Jean Paul Bradshaw and Kent Sellers.


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