Climate Change Project

Table of Contents



Hockensmith v. Brown, 929 S.W.2d 840 (Mo.App. W.D. 1996)

What was the procedural history?

What happened in March 1991?

What about on the night in question before defendant went to the QuikTrip?

What equipment was plaintiff missing and why?

What happened in the parking lot?

What happened in the store?

What were plaintiff's claims against the kid? The parents?

What were plaintiffs' defenses?

What were the factual claims to support the negligence claims against the kid?

Why did the court dismiss the negligence claim?

What facts support the dismissal?

What was the kid's letter and how might it argue against dismissal of the negligence claims?

What is "willful, wanton, and reckless negligence"?

What does the court mean when it says ordinary negligence is a "lesser included offense?"

What were the factual allegations against the parents?

What is the firefighter's rule?

Does it apply to police?

What is the public policy basis for this rule?

How does plaintiff argue that he is not covered by the firefighter's rule?

Why did he go to the QuikTrip?

Why does the court say that his original reason does not matter?

When did the emergence start?

Does the fireman's rule apply as to Brown?

What is the exception to the fireman's rule?

How does plaintiff try to fit his case into the exception?

What does plaintiff have to show to prove his case against the parents?

Why did this fail for the party?

Why does this also fail for drugs and alcohol?

What was the failure to warn claim?

What was the foreseeability problem?

What was the parents uncontroverted evidence?

What is the statutory cap on damages and what claims does it cover?

What is the rescue doctrine?

How is the firefighter's rule related to the rescue doctrine?

What is the limitation on the firefighter's rule that the dissent says should apply in this case?

What was the Krause test the dissent uses as a definition of an emergency?

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