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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2024-05-10
Type Cc Pers Injury Other
Docket 48 entries
Disposition disposed

Parties

Plaintiff Paylor, Janet|Placzek, Mathew L
Defendant Sailorsaint, Inc.|Harrison, Eric
Photo of Hon. Taylor, Nathan Robert

Judge

Hon. Taylor, Nathan Robert

Missouri

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Lawyers

Docket Entries

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  2. Summons Withdrawn Document ID - 24-SMCC-1287; Served To - ERIC HARRISON; Served Date - 05/10/2024; Served Time - 16:57:19; Service Type - OT; Reason Description - OTHR; Service Text -Summons issued in error. Same to reissue. /jj
  3. Summons Withdrawn Document ID - 24-SMCC-1288; Served To - SAILOR-SAINT, INC.; Served Date - 05/10/2024; Served Time - 17:00:55; Service Type - OT; Reason Description - OTHR; Service Text -Summons issued in error. Same to reissue. /jj
  4. Summons Issued-Circuit Document ID: 24-SMCC-1290, for SAILOR-SAINT, INC. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./jj
  5. Summons Issued-Circuit Document ID: 24-SMCC-1289, for HARRISON, ERIC Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./jj
  6. Summons Issued-Circuit Document ID: 24-SMCC-1288, for SAILOR-SAINT, INC. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./jj
  7. Summons Issued-Circuit Document ID: 24-SMCC-1287, for HARRISON, ERIC Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./jj
  8. Filing Info Sheet eFiling
  9. Note to Clerk eFiling
  10. otice to Take Deposition Notice of Cancellation of Depo; Electronic Filing Certificate of Service. Filed By: MATHEW L PLACZEK On Behalf Of: JANET PAYLOR
  11. otion Hearing Scheduled Associated Entries: 12/11/2024 - Motion Hearing Held Scheduled For: 12/11/2024; 9:30 AM; NATHAN ROBERT TAYLOR; Greene
  13. otice of Hearing Filed Notice of Hearing on Motion for Protective Order; Electronic Filing Certificate of Service. Filed By: JOSHUA LEE MARESCHAL On Behalf Of: SAILOR-SAINT, INC.
  14. otion Filed Motion for Protective Order; Exhibit A; Exhibit B; Exhibit C; Electronic Filing Certificate of Service. Filed By: JOSHUA LEE MARESCHAL On Behalf Of: SAILOR-SAINT, INC.
  16. otice to Take Deposition Notice to Take Deposition Uriah Products; Exhibit A; Electronic Filing Certificate of Service. Filed By: MATHEW L PLACZEK On Behalf Of: JANET PAYLOR
  17. epositions Filed Subpoena Uriah Products; Exhibit A; Electronic Filing Certificate of Service. Accepted as filed /jrg Filed By: MATHEW L PLACZEK On Behalf Of: JANET PAYLOR
  18. ert Serv of Interrog Filed (Docketed on 10/25/2024 at 1343) COS Pltf 1st Set Interrogatories to Def Sailor Pltf 1st Set RFPD to Def Sailor; Electronic Filing Certificate of Service. /jj Filed By: MATHEW L PLACZEK On Behalf Of: JANET PAYLOR
  19. ert Serv of Interrog Filed (Docketed on 10/25/2024 at 1343) COS Pltf 1st Set of Interrogatories Pltf 1st Set of RFPD to Def Harrison; Electronic Filing Certificate of Service. /jj Filed By: MATHEW L PLACZEK On Behalf Of: JANET PAYLOR
  20. rder - Denied Pending before the Court is Missouri Employers Mutual Insurance Company ("MEM")'s Motion to Intervene. After consideration of the Motion, briefing and arguments of the Parties, the Court finds and orders as follows: MEM's lien is protected regardless of whether it is a participant in this proceeding. "This is because under Missouri law, an employee who sues and recovers damages from a third-party tortfeasor for injuries to the employee holds the amount due to the employer in trust so as to ensure that the employer's right of subrogation is protected pursuant to section 287.150." Kinney v. Schneider Nat. Carriers, Inc., 200 S.W.3d 607, 613-614 (Mo.App. W.D. 2006). Additionally, the interests of Plaintiff and MEM "are closely aligned since they both clearly have an interest in seeking maximum recovery for the damages allegedly caused by the Defendants." Id. at 614. Further, there is no claim that this lawsuit is not being effectively prosecuted. Based on the claims made by MEM and matters presented concerning its Motion, MEM has failed in its burden to satisfy two of the three mandatory Rule 52.12(a)(2) requirements for intervention. For these reasons as well as those stated in Plaintiff's Suggestions In Opposition to Motion to Intervene, this Court does not find intervention pursuant to Rule 52.12(a)(2) is proper. Likewise, this Court does not find permissive intervention is warranted. Therefore, MEM's Motion to Intervene is respectfully DENIED. So Ordered. NRT/laa Associated Entries: 10/02/2024 - Motion Hearing Held +
  21. ert Serv of Interrog Filed (Docketed on 10/25/2024 at 1343) COS Pltf 1st Set of Interrogatories Pltf 1st Set of RFPD to Def Harrison; Electronic Filing Certificate of Service. /jj Filed By: MATHEW L PLACZEK On Behalf Of: JANET PAYLOR
  22. otion Hearing Held Plaintiff by attorney Groves. Defendants Sailor-Saint, Inc. and Eric Harrison appear by attorney Mareschal. Attorney Bridges appears on behalf of Missouri Employers Mutual Insurance Company seeking to Intervene. Hearing on Motion to Intervene held. Matter taken under advisement. NRT/jrg Associated Entries: 08/12/2024 - Motion Hearing Scheduled Associated Entries: 07/24/2024 - Motion to Intervene + Associated Entries: 10/09/2024 - Order - Denied + Scheduled For: 10/02/2024; 10:30 AM; NATHAN ROBERT TAYLOR; Greene
  23. rder - Denied Pending before the Court is Missouri Employers Mutual Insurance Company ("MEM")'s Motion to Intervene. After consideration of the Motion, briefing and arguments of the Parties, the Court finds and orders as follows: MEM's lien is protected regardless of whether it is a participant in this proceeding. "This is because under Missouri law, an employee who sues and recovers damages from a third-party tortfeasor for injuries to the employee holds the amount due to the employer in trust so as to ensure that the employer's right of subrogation is protected pursuant to section 287.150." Kinney v. Schneider Nat. Carriers, Inc., 200 S.W.3d 607, 613-614 (Mo.App. W.D. 2006). Additionally, the interests of Plaintiff and MEM "are closely aligned since they both clearly have an interest in seeking maximum recovery for the damages allegedly caused by the Defendants." Id. at 614. Further, there is no claim that this lawsuit is not being effectively prosecuted. Based on the claims made by MEM and matters presented concerning its Motion, MEM has failed in its burden to satisfy two of the three mandatory Rule 52.12(a)(2) requirements for intervention. For these reasons as well as those stated in Plaintiff's Suggestions In Opposition to Motion to Intervene, this Court does not find intervention pursuant to Rule 52.12(a)(2) is proper. Likewise, this Court does not find permissive intervention is warranted. Therefore, MEM's Motion to Intervene is respectfully DENIED. So Ordered. NRT/laa Associated Entries: 10/02/2024 - Motion Hearing Held +
  24. otion Hearing Scheduled Associated Entries: 10/02/2024 - Motion Hearing Held + Scheduled For: 10/02/2024; 10:30 AM; NATHAN ROBERT TAYLOR; Greene
  25. equest for Notc of Hrg Filed Notice of Hearing; Electronic Filing Certificate of Service. Accepted as filed /jrg
  26. uggestions Filed Plaintiffs Suggestions in Opposition to Motion to Intervene by Missouri Employers Mutual; Exhibit 1; Electronic Filing Certificate of Service. Filed By: MCKINLEY HAMILTON GROVES On Behalf Of: JANET PAYLOR
  27. equest for Notc of Hrg Filed Notice of Hearing; Electronic Filing Certificate of Service. Accepted as filed /jrg
  28. otion to Intervene Motion to Intervene; Exhibit A - Petition; Electronic Filing Certificate of Service. Filed By: ROSS ALLEN BRIDGES Associated Entries: 10/02/2024 - Motion Hearing Held +
  29. uggestions Filed Plaintiffs Suggestions in Opposition to Motion to Intervene by Missouri Employers Mutual; Exhibit 1; Electronic Filing Certificate of Service. Filed By: MCKINLEY HAMILTON GROVES On Behalf Of: JANET PAYLOR
  30. ertificate of Service COS - Plaintiffs Objections and Answers Responses to Defendants First Set of Interrogatories and Requests for Production of Documents Directed to Plaintiff; Electronic Filing Certificate of Service. Filed By: MATHEW L PLACZEK On Behalf Of: JANET PAYLOR
  31. otion to Intervene Motion to Intervene; Exhibit A - Petition; Electronic Filing Certificate of Service. Filed By: ROSS ALLEN BRIDGES Associated Entries: 10/02/2024 - Motion Hearing Held +
  32. ert Serv of Interrog Filed Defendants Sailor-Saint, Inc. and Eric Harrisons Certificate of Service for their First Set of Discovery to Plaintiff; Electronic Filing Certificate of Service. Filed By: JOSHUA LEE MARESCHAL On Behalf Of: SAILOR-SAINT, INC., ERIC HARRISON
  33. nswer Filed Defendant Sailor-Saint Inc.s Answer and Affirmative Defenses to Plaintiffs Petition; Electronic Filing Certificate of Service. Filed By: JOSHUA LEE MARESCHAL On Behalf Of: SAILOR-SAINT, INC.
  34. nswer Filed Defendant Eric Harrisons Answer and Affirmative Defenses to Plaintiffs Petition; Electronic Filing Certificate of Service. Filed By: JOSHUA LEE MARESCHAL On Behalf Of: ERIC HARRISON
  35. ert Serv of Interrog Filed Defendants Sailor-Saint, Inc. and Eric Harrisons Certificate of Service for their First Set of Discovery to Plaintiff; Electronic Filing Certificate of Service. Filed By: JOSHUA LEE MARESCHAL On Behalf Of: SAILOR-SAINT, INC., ERIC HARRISON
  36. ummons Personally Served Document ID - 24-SMCC-1290; Served To - SAILOR-SAINT, INC.; Server - GREENE COUNTY SHERIFF; Served Date - 05/22/2024; Served Time - 11:43:54; Service Type - SD; Reason Description - SERV; Service Text -./bm
  37. ummons Personally Served Document ID - 24-SMCC-1289; Served To - ERIC HARRISON; Server - GREENE COUNTY SHERIFF; Served Date - 05/23/2024; Served Time - 11:40:22; Service Type - SD; Reason Description - SERV; Service Text -./bm
  38. ummons Withdrawn Document ID - 24-SMCC-1287; Served To - ERIC HARRISON; Served Date - 05/10/2024; Served Time - 16:57:19; Service Type - OT; Reason Description - OTHR; Service Text -Summons issued in error. Same to reissue. /jj
  39. ummons Withdrawn Document ID - 24-SMCC-1288; Served To - SAILOR-SAINT, INC.; Served Date - 05/10/2024; Served Time - 17:00:55; Service Type - OT; Reason Description - OTHR; Service Text -Summons issued in error. Same to reissue. /jj
  40. ummons Issued-Circuit Document ID: 24-SMCC-1290, for SAILOR-SAINT, INC. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./jj
  41. ummons Issued-Circuit Document ID: 24-SMCC-1289, for HARRISON, ERIC Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./jj
  42. ummons Issued-Circuit Document ID: 24-SMCC-1288, for SAILOR-SAINT, INC. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./jj
  43. ummons Issued-Circuit Document ID: 24-SMCC-1287, for HARRISON, ERIC Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./jj
  44. iling Info Sheet eFiling
  45. ote to Clerk eFiling
  46. ummons Issued-Circuit Document ID: 24-SMCC-1287, for HARRISON, ERIC Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./jj
  47. iling Info Sheet eFiling
  48. ote to Clerk eFiling

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