Gibson v. City of St. Louis
2011 Mo. App. LEXIS 1213
Mo. Ct. App.2011Background
- Plaintiff Charmin Gibson injured in a December 24, 2007 single-vehicle accident in St. Louis allegedly caused by ice from a city water main or hydrant.
- Injuries included a comminuted right femur fracture requiring surgery, a tibial plateau fracture, a cervical facet injury with neck brace, facial lacerations, and an earlobe laceration.
- Plaintiff sued the City of St. Louis and related departments for damages; a separate medical malpractice suit against Barnes-Jewish Hospital and Washington University settled for $80,000, preserving claims against the City.
- Settlement with medical malpractice defendants released them and others from liability related to the malpractice claims, but preserved rights against the City for the original injuries.
- The City moved for a Section 537.060 set-off at trial, seeking to reduce the verdict by the $80,000 settlement amount.
- The jury awarded Gibson $106,000 with 60% fault to the City; trial court entered net judgment of $63,600 against the City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 537.060 applies to reduce damages where injuries were caused by separate torts | Gibson | City | 537.060 does not apply; injuries were not the same injury |
| Whether the medical malpractice and original accident injuries are indivisible | Gibson | City | Not indivisible; separate injuries; no set-off applied |
Key Cases Cited
- Walihan v. St. Louis-Clayton Orthopedic Grp., Inc., 849 S.W.2d 177 (Mo. App. 1993) (two tortfeasors for same injury; single satisfaction rule)
- Beare v. Yarbrough, 941 S.W.2d 552 (Mo. App. 1997) (indivisible injury concept; joint tortfeasors)
- Brown v. Kneibert Clinic, 871 S.W.2d 2 (Mo. App. 1993) (rare case of indivisible injury from separate torts)
- Stevenson v. Aquila Foreign Qualifications Corp., 326 S.W.3d 920 (Mo. App. 2010) (limits Brown; analyzes same-injury concept under 537.060)
- Norman v. Wright, 100 S.W.3d 783 (Mo. banc 2003) (affirmative defense under 537.060; de novo review when undisputed)
- State ex rel. Normandy Orthopedics, Inc. v. Crandall, 581 S.W.2d 829 (Mo. banc 1979) (torts are not joint when independent and separate in time)
- State ex rel. Baldwin v. Gaertner, 613 S.W.2d 638 (Mo. banc 1981) (initial tortfeasor liable for additional harm from subsequent negligent treatment)