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Category Archives: Ozarks

SB 656: Missouri’s New Statute on Carrying Concealed Firearms and Standing Your Ground


Springfield criminal defense attorney Shane Cantin has written a well-balanced article that examines Missouri’s new legislation, SB 656, “Missouri Concealed Carry & Castle Doctrine: What You Need to Know.”

SB 656 does away with the requirement of training and a permit for carrying concealed firearms. The business of concealed carry classes and permits will still go on, though perhaps with smaller enrollments.   Missourians carrying their weapons to states that require permits will need a permit from Missouri to carry a firearm in those states.

Because of the lack of necessity of attending a class and obtaining a permit, it is possible that more people will wish to buy handguns to carry. My guess, though, is that most of the people who wish to own handguns already have purchased them, and the new law will not boost sales. As young people turn 19 and thus fall under the new law, they may purchase handguns, and some of these may enjoy the hobby of collecting and trading guns. Events, such as the Orlando shooting and the election of candidates perceived as anti-gun, often spur gun sales, more than changes in state law. I wonder about how many people who once start carrying concealed firearms continue to do so.

The modification of the castle doctrine to a stand-your-ground law expands the scope of justification as a defense to the use of lethal force. The duty to first retreat and the requirement of being in one’s home or on one’s property are eliminated. While there may be an increase in shootings due to more people being armed and feeling empowered to use guns to resolve disputes and more opportunity for accidental shootings, I am not expecting there to be any substantial economic effect from the new law. The vast majority of people who lawfully carry guns will not display or use them.

 

 

 

 

Owner of philandering bull strictly liable but comparatively at fault for neighbor’s injuries


When Taylor’s bull crossed the fence, attracted by Coble’s heifers, Coble hopped on his ATV. The bull charged and the ATV flipped. The bull mounted–not the heifer–but the ATV, pinning Coble, who was seriously injured. In Coble v. Taylor, the Missouri of Appeals for the Southern District reviewed Missouri’s fencing laws to affirm that Taylor was liable for Coble’s injuries resulting from his attempt to drive the bull back home. The jury awarded damages for Coble’s injuries; however, the damage award was reduced, based on the jury finding that Taylor was 65% at fault and Coble was 35% at fault.

Under Missouri’s fencing laws, particularly section 272.030, an owner of livestock is liable for damages sustained if his animal trespasses by breaching a lawful fence.

Taylor (the owner of the bull) argued that the fence was not an “exterior” fence (one along a public road, not a fence that separates the land of two different owners), but a partition fence, and therefore was not the kind of fence that section 272.030 referred to. The appellate court stated that section 272.030 was a modern statute that didn’t follow the old common law that limited the livestock owner’s liability to injuries resulting only breaches of exterior fences, which was related to the 19th century concept of fencing out free-ranging animals, rather than fencing them in.

Taylor also argued that the he and his wife should not be strictly liable for injuries resulting from animal trespass, so that they should not be liable for injuries caused by Coble flipping his ATV. “Strict liability” essentially means liability without regard to the actions of the person who was injured. The appeals court reviewed the Restatement (Second) of Torts, section 518, which is a distillation of appellate court decisions of state and federal courts, with commentary, to find that “any trespassing bull may be expected to attack and gore any other animal or any person who gets in his way.” Thus it is reasonable to expect that people will try to control the bull and get hurt doing so, and the owner of the bull should be liable.

Coble argued that the jury should not have been instructed to determine that he was partly at fault for the way he drove the ATV, which led the jury to only compensate him for only 65% of the damages that he proved. The appeals court said that the jury was properly instructed to apply Missouri’s comparative fault statute, because the Missouri Supreme Court has determined that the legislature intended for comparative fault to be applied whenever possible (other than cases of intentional injury), even though the idea of strict liability and comparative fault seem incompatible.

A deed can be ambiguous, even when its words are clear


“When you come to a fork in the road, take it,” said Yogi Berra, supposedly.

Judge Perigo did something similar in a boundary dispute case,  McLallen v. Tillman, arising on the Elk River in McDonald County, which occupies the southwest corner of Missouri. Like all streams in the Ozarks, the Elk River meanders through its floodplain, splitting and recombining, with seasonal floods shifting the arrangement of channels.

Several deeds said that the boundary of the property was a part of a quarter-section “lying North and West of Elk River.” The trial judge, taking the whole fork,  said that these deeds were not ambiguous, sustaining a motion for summary judgment.

The McLallens weren’t happy, because they thought that the eight acres lying between the north and south fork of the Elk River was theirs. Their neighbors claimed the same land. The McLallens appealed, claiming that the deed may be clear enough on its face, but that this language ignored the reality about the Elk River.

At that point, the Elk River splits into two channels, one carrying more water than the other. In 1984, at the time of one conveyance, the southern channel carried the most water. Sometime in the 1990s, the northern channel began to carry the most water. It’s safe to guess that one of the channels may even go dry during droughts.

The Missouri Court of Appeals reversed the summary judgment, sending the case back for a trial. The basis of the reversal is that the appeals court thought McLallen’s deed, while plain on its face, had a latent ambiguity, one that could be discerned from facts outside the words of the deed. The trial court should have heard evidence about which fork of the Elk River constituted its northern boundary, to determine which of two plausible interpretations of the deed would prevail.

 

 

Skills gap leaves Missouri manufacturing jobs unfilled


Manufacturing in the United States and the export of manufactured products from the United States is growing. If jobs could be filled, production and exports could rise. Nobody is opposed to products being manufactured in the US for domestic use and for export.

According to an article in St. Louis Today, citing a study by the Manufacturing Institute, with results confirmed by St. Louis area businesses, thousands of manufacturing jobs are going unfilled because of lack of qualified applicants. And technical colleges have additional capacity to provide the needed training.

After World War II, manufacturers of shoes, clothing, furniture and other products moved into the small towns and cities of the Ozarks, taking advantage of a surplus of mostly non-union, low-skilled workers. Manufacturers later arranged for their products to be made in Mexico and elsewhere in Latin American, then in Asia, seeking lower labor costs and less environmental and worker-safety regulation. Most towns in the Ozarks have vacant manufacturing facilities, even though transportation systems and location with respect to markets have never been better.

Universities and colleges are everywhere, offering all kinds of courses in residence programs and at satellite campuses, with opportunities for online education for students of all ages.

Where are the students who want to learn practical mathematics and how to operate computer-controlled design and manufacturing equipment? Some of them are in the military services. Others are working in unskilled jobs, never having become aware of their own potential to learn and earn. Others are in the gray-collar world of retail and services, where hours are long and wages and benefits skimpy.

While the St. Louis Today article blames the shortage of trainees for modern manufacturing jobs on the widespread acceptance of the value of a college education–as though the college credential had value even without skills to go with it–I’d place part of the lack of interest in manufacturing on the bad experience with manufacturing in the Ozarks. In the 50s, 60s, 70s and 80s, the manufacturing workers in the Ozarks experienced low wages and benefits, workplace injuries, frequent layoffs, and union-busting, ending with their abandonment (I am not forgetting that these low-wage jobs were better than no jobs and sometimes were the best jobs ever available in some communities for many people).

Manufacturers locating plants in the Ozarks asked poor communities for subsidies in the form of property tax abatement and general-obligation bond issues to for construction of facilities. Some plants polluted streams or left toxic wastes.

The manufacturing of today is much different. It’s cleaner and safer. Workers with training and skills can earn as much or more than many people who have college degrees and obtain as much or more job security. Here’s hoping that Missouri’s technical schools will be seen as the gateways to the good life, rather than an undesirable alternative to college.

St. Louis firm handles $662 collection case in West Plains, loses there and again on appeal. Why?


As we all know by now, you can often follow the money to the answer. Sometimes the trail is faint.

A one-car accident in Howell County, which sits on Missouri’s border with Arkansas about halfway across southern Missouri, resulted in a 911 call and the summoning of the Brandsville Fire Protection District (FPD) and the Missouri Highway Patrol and an ambulance. FPD personnel arrived at the scene and assisted with first aid and loading Jerry and Nina Phillips into ambulances.

FPD personnel remained at the scene for a couple of hours, providing traffic control while the wrecker loaded the Phillips’ car.

The FPD sued the Phillipses for an unpaid bill of $662. The bill was issued under the FPD’s ordinance allowing it to charge non-residents of the FPD for services. These charges are authorized by Missouri statute. When the bill wasn’t paid Read the rest of this entry

Missouri governor signs HB1103, giving courts power to order maintenance of “private roads”


The Missouri General Assembly enacted HB 1103 in the past 2012 regular session, which explicitly grants circuit court judges the authority to impose financial responsibility for maintenance of certain “private roads” onto parcels of real estate that benefit from these roads. Governor Nixon signed the bill into law on July 12, 2012. There are many problems with rural roads in Missouri. Simple questions–such as determining who owns the road, whether it is a subject to property taxes, who has the right to use it, and who is obligated to pay for its maintenance–are often impossible to answer. HB 1103’s provisions regarding private road maintenance change section 228.368 RSMo and add three new sections to Chapter 228 of the Revised Statutes of Missouri. This legislation is an attempt to solve the problem of nobody stepping forward to pay for road maintenance in situations in which no provision was made when the road was created. But its definition of “private road” greatly limits its applicability. According to the new section 228.341, a “private road” means “any private road established under this chapter or any easement of access, regardless of who created, which provides a means of ingress and egress by motor vehicle for any owner or owners of residences from such homes to a public road. A public road does not include any road owned by the United States or any agency or instrumentality thereof, or the state of Missouri, or any county, municipality, political subdivision, special district, instrumentality, or agency of the state of Missouri.” Got that? Read the rest of this entry

Great food in an unexpected location: Sparta’s Mossy River Pie Hole


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I felt that the words above the window were speaking directly to me.

I couldn’t help but pull over while I was on one of my noontime foraging expeditions on the east side of Ozark, Missouri.

Set up under a shade tree at the corner of Missouri highways 14 and 125 in Sparta, about eight miles east of the Ozark WalMart and US 65, Gjetta Moss has just started her second month serving delicious lunches and suppers.

I keep coming back for more. Today I had lemonade from just-squeezed lemons, which paired perfectly with a BLT and peppery coleslaw.

Despite a couple of college degrees and years of restaurant experience, Gjetta hasn’t found the job she needs. She’s trying the time-honored bootstrap method of making her way in the world, keeping the overhead low and the quality of the food as high as she can make it, served with a big smile.Image

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