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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

SEMO Services, Inc. v. BNSF Railway Company (2022)

Citation
SEMO Services, Inc. v. BNSF Railway Company (2022)
Parent Document
SEMO Services, Inc. v. BNSF Railway Company (2022)
Jurisdiction
Missouri (state)
Effective Date
2022-12-13

Other Sections in This Document (92)

Full Text

655 chars
In Point V, SEMO argues the trial court erred when granting summary judgment in favor
of BNSF on SEMO’s claim for punitive damages. A claim for punitive damages is not an
independent cause of action but is inextricably linked to the underlying cause of action. Harris v.
Jungerman, 560 S.W.3d 549, 555 (Mo. App. W.D. 2018). A plaintiff must prevail on the
underlying claim to submit punitive damages. Romeo v. Jones, 144 8.W.3d 324, 334 (Mo. App.
E.D. 2004). Since we affirm the trial court’s grant of summary judgment in favor of BNSF on
each of SEMO’s underlying causes of action, the claim for punitive damages also fails. Point V
is denied. Conclusion