Kingman v. Dillard's, Inc.
2011 U.S. App. LEXIS 13670
| 8th Cir. | 2011Background
- Paula Kingman sued Dillard's for injuries after a high-hanging rack fell at a Dillard's store on Nov 14, 2004; the district court bench-tried the case and found Dillard's negligent, awarding Paula $186,388 for past/future medical costs and disability-related damages.
- Calvin Kingman, Paula's husband, pursued a loss-of-consortium claim and was awarded $1 million for long-term professional caregiving needs through Paula’s 62nd birthday.
- Paula had substantial prior injuries and medical history (1982 car accident, 1990 work-related injury, 2002 rear-end collision) with prior illnesses and caregiving demands; the 2004 incident allegedly aggravated a dormant or preexisting shoulder condition.
- Experts (Dr. Reardon and Dr. Swaim) supported a causal link between the 2004 incident and Paula’s ongoing shoulder problems, with the district court crediting their opinions.
- Dillard's argues Paula's current injuries were largely preexisting and not fully attributable to the 2004 incident, and that the burden lay on Paula to apportion damages; the district court rejected apportionment and held the incident caused the shoulder problems.
- The district court also held that Missouri law allows recovery for aggravation of a dormant condition and applied proximate causation principles to affirm Paula's damages; the court then addressed Calvin's consortium award separately, ultimately reversing that portion and remanding for reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Paula may recover for aggravation of a preexisting shoulder condition from the 2004 incident. | Kingman contends the incident aggravated dormant injuries and caused ongoing problems. | Dillard's asserts no new injury beyond preexisting damage and disputes apportionment. | Paula may recover for aggravation; district court's award affirmed. |
| Whether the district court properly attributed Paula's current injuries solely to the 2004 incident. | Kingman satisfied aggravation elements and evidence supports causation. | Dillard's challenges causation and preexisting contribution. | District court findings supported; damages affirmed. |
| Whether the 2004 incident was a proximate cause of Paula's injuries under Missouri law. | Kingman argues foreseeability supports liability. | Dillard's argues lack of direct causation. | Foreseeability and natural and probable consequence standard satisfied; damages affirmed. |
| Whether Calvin's loss-of-consortium award for lifelong professional nursing care is permissible under Missouri law. | Kingman asserts broader consortium rights including nursing care. | Dillard's argues Missouri law does not support lifelong professional nursing-care consortium recovery. | Consortium award reversed; remanded for reconsideration under Missouri law. |
| What limits Missouri law places on consortium awards relative to the injured spouse's damages. | Kingman suggests potential broader recovery where spouse's role was extensive. | Dillard's urges proportionality between injured and consortium damages. | Court adopts narrow, state-law framework; consortium award should not exceed customary relationship-based limits; remanded. |
Key Cases Cited
- Miller v. Gulf, Mobile & Ohio R.R. Co., 386 S.W.2d 97 (Mo.1964) (aggravation threshold for pre-existing conditions; substantial evidence suffices)
- Schide v. Gottschick, 329 Mo. 64, 43 S.W.2d 777 (Mo.1931) (aggravation principle; damage may arise from activation of dormant disease)
- Widener v. St. Louis Pub. Serv. Co., 360 Mo. 761, 230 S.W.2d 698 (Mo.1950) (aggravation damages scope for preexisting ailments)
- Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852 (Mo.1993) (proximate causation and natural/probable injury standard)
- Helming v. Dulle, 441 S.W.2d 350 (Mo.1969) (loss of consortium; scope of services and caregiving considerations)
- Hodges v. Johnson, 417 S.W.2d 685 (Mo.Ct.App.1967) (nursing services and consortium; limits on awards)
- State ex rel. St. Louis Pub. Serv. Co. v. McMullan, 297 S.W.2d 431 (Mo.1956) (relationship between injured spouse damages and consortium award; public policy considerations)
- Ashley Cnty. v. Pfizer, Inc., 552 F.3d 659 (8th Cir.2009) (predicting Missouri law; federal court should not expand state-law concepts beyond precedent)