Edwards v. Gerstein
363 S.W.3d 155
| Mo. Ct. App. | 2012Background
- Dr. Edwards sued six members of the Missouri Board of Chiropractic Examiners for gross negligence over the board's investigation and filing of a formal complaint against his license.
- The board’s investigation began after newspaper articles questioned Dr. Edwards about HIV treatment and a “machine” used for diagnosis; the investigation was conducted by William Burton, who stated it aimed to prove the misconduct.
- The board filed a public complaint in May 1998; prior complaints by Regina Hershberger and Regina’s daughter were withdrawn; Edwards ultimately faced a hearing, which the appellate court later remanded, and the board dismissed the case on remand.
- Dr. Edwards won a jury verdict of $6,284,759 for gross negligence; the circuit court denied the board’s post-trial motions; the Missouri Supreme Court in Edwards II allowed suits against the board for gross negligence and remanded for trial on damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty owed to Edwards or public duty only | Edwards | Board claimed only public duty; no licensee duty | Duty to Edwards recognized; statute supersedes immunity |
| Validity of the verdict director for gross negligence | Definition was proper under Duncan/Boyer | Definition misdefined gross negligence | Preservation failure; no reversal on this record |
| Admissibility of AHC findings evidence | AHC findings relevant to damages and credibility | Stipulated not to introduce AHC findings | Points III–IV denied due to stipulation |
| Attorney's fees as damages and sovereign immunity | Fees are recoverable as consequential damages | Sovereign immunity bars such damages | Recoverable under § 331.100.5; Edwards II controls |
Key Cases Cited
- Edwards v. Missouri State Bd. of Chiropractic Examiners, 237 S.W.3d 580 (Mo. banc. 2007) (section 331.100.5 supersedes quasi-judicial immunity; allows gross negligence suits)
- Bird v. Mo. Bd. of Architects, Prof'l Eng'rs, Prof'l Land Surveyors and Landscape Architects, 259 S.W.3d 516 (Mo. banc. 2008) (public protection as regulatory aim, not licensee protection)
- Gregg v. City of Kansas City, 272 S.W.3d 353 (Mo. Ct. App. 2008) (duty to investigate to public and professional standard)
- Boyer v. Tilzer, 831 S.W.2d 695 (Mo. Ct. App. 1992) (definition of gross negligence in licensing context; conscious indifference)
- Duncan v. Mo. Bd. for Architects, Prof'l Eng'rs and Land Surveyors, 744 S.W.2d 524 (Mo. Ct. App. 1988) (definition of gross negligence; professional duties; elevated mental state)
- Syn, Inc. v. Beebe, 200 S.W.3d 122 (Mo. Ct. App. 2006) (roving commission concept in instructions)
- Rice v. Bol, 116 S.W.3d 599 (Mo. Ct. App. 2003) (defining legal/technical terms for jury instructions)