Climate Change Project

Table of Contents



Missouri Torts

Fordyce v. Montgomery, 424 S.W.2d 746, 1968 Mo. App. LEXIS 779 (Mo. Ct. App. 1968)

What is the procedural background?

Who are the players?

What was the prolog?

What is the evidence as to who started this?

Why is it relevant to the tort case?

Who gave the testimony to support plaintiff's case?

What was Press' state of mind?

Why do we care?

How did Press do in the parking lot fight?

Who showed up?

What did the Baldwins do and why?

Where does Randy come in?

How about the plaintiff - where was he and what was he doing?

What did plaintiff see?

What did Press say?

What did Randy grab?

How did plaintiff get hurt?

What did they do after smacking plaintiff?

Why does it matter?

Who supported plaintiff's story?

Was he fighting?

What is defendant's story?

What does Randy say that disputes plaintiff's story?

What did the trial court do after the judgment?

What procedural problem did the court note but not address?

What is the standard of review to determine if the JNOV was proper?

What do you assume about plaintiff's evidence?

Why do you make these assumptions?

Why is plaintiff suing Press for punitive damages and not just Randy?

Did Press hit plaintiff?

What is plaintiff's theory for why Press should pay him punitive damages?

What is the transferred intent and how does it flow?

What is Press' defense?

Does the court buy Press's story?

What is the theory for holding Press liable for Randy's actions?

What is the standard for malice in a case like this?

How does this apply to accidental victims?

Does the transferred intent for the assault and for the battery automatically resolve the punitive damages issue?

Why might the standard be different for punitive damages?

Who decides whether there is enough evidence for punitive damages?

Can the court distinguish between joint tortfeasors?

What was the provocation issue and why does it matter?

Is it a defense to the tort?

Why does provocation mitigate punitive damages?

When does provocation not mitigate?

Was Press provoked?

Why did the court not allow this to mitigate this liability for punitive damages?

Why did the court allow post-tort evidence about kicking Junior?

What was the ruling?


The Climate Change and Public Health Law Site
The Best on the WWW Since 1995!
Copyright as to non-public domain materials
See DR-KATE.COM for home hurricane and disaster preparation
See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Professor Edward P. Richards, III, JD, MPH - Webmaster

Provide Website Feedback - https://www.lsu.edu/feedback
Privacy Statement - https://www.lsu.edu/privacy
Accessibility Statement - https://www.lsu.edu/accessibility