section serves

Citation: section serves
Parent Document: Patrick Blanks v. Fluor Corporation, 450 S.W.3d 308 (2014)
Jurisdiction: Missouri (state)
Effective Date: 2014-09-16
Original Source: https://www.courtlistener.com/opinion/2733178/patrick-blanks-v-fluor-corporation/ ↗

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instructions also differed slightly from the Fluor instruction in the third and fourth paragraphs, in that the
instructions ascribed liability to Massey and DRIH Fluor based on the partnership’s knowledge and
negligence, rather than that of the individual entity. The verdict directors read:
                    On the claim of plaintiff (--) for compensatory damages for personal injury
          against defendant A.T. Massey Coal Company/DRIH, your verdict must be for plaintiff (-
          --) if you believe:
                    First, defendant A.T. Massey Coal Company [DRIH] was a partner of the Doe
          Run Company Partnership, and
                    Second, while defendant A.T. Massey Coal Company [DRIH] was a partner of
          the Doe Run Company Partnership, the adjacent community of Herculaneum was
          contaminated with unsafe levels of lead which originated from the smelter operations,
          and
                    Third, at that time, the Doe Run Company Partnership had information from
          which it, in the exercise of ordinary care, knew or should have known that the adjacent
          community of Herculaneum was contaminated with unsafe levels of lead which
          originated from the smelter operations, and
                    Fourth, the Doe Run Company Partnership allowed plaintiff (---), a resident of
          Herculaneum, to be exposed to unsafe levels of lead which originated from the smelter
          operations before April 5, 1989[March 26, 1994], and
                    Fifth, the Doe Run Company Partnership was thereby negligent, and
                    Sixth, such negligence directly caused or directly contributed to cause damage to
          plaintiff (---).

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