Climate Change Project

Table of Contents



King v. Morgan, 873 S.W.2d 272 (Mo.App. W.D. Mar 08, 1994)

What is the procedural history? [14]

What are the facts?

Procedural History

What was the appeal point on negligence per se?

What does the statute prohibit and what are the exceptions?

Is this a penal statute and why?

What is the test for whether a penal statute may be plead as standard of care?

May a non-penal statute be plead as standard of care?

What are the 4 elements that have to be proved in a negligence per se case?

Is plaintiff within the class of persons the statute was passed to protect and why?

What state legal power are traffic laws passed under?

Was the statute passed to protect person or property?

What are other reasons for passing traffic laws?

Who should determine if the defendant violated the statute?

What is the trial judge's role?

How wide was the truck and load?

What was the statutory limit? (96 inches)

What was defendant's excuse?

Who decides if an exception applies?

What did the appeals court decide?

Why didn't the appeals court remand this to the trial court?

What is the factual basis of the court's ruling on the exception?

Did defendant have a permit?

Why did the court reject the permit defense?

Why are the requirements of the permit material to the plaintiff's case?

Were the injuries suffered by King the kind... 304.170.1 was designed to prevent?

What test did the court use for proximate cause?

Where does this leave defendant?

Does proximate cause fail if plaintiff was also negligent?

What is the basis for plaintiff's strict liability claim?

What did the appeals court say about this?

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