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October 29, 2013

Berkowitz Oliver Upholds Trial Victory on Appeal

The Missouri Court of Appeals, Western District, affirmed the judgment David Oliver and Tim West obtained for the firm’s client, David Francis.  The case, which received significant media attention, was tried in two parts.  First, a bench trial was held before the Honorable Sandra Midkiff in Jackson County on Plaintiff’s contention that a partnership existed between he and Mr. Francis as to various entities and assets around the Kansas City area such as the Hillcrest Country Club and Prairie Highlands golf course. After Judge Midkiff entered judgment in favor of the firm’s client and against Plaintiff, Plaintiff amended his lawsuit to assert various tort causes of action.  A jury trial was then held later in the year on those claims.  After multiple days of trial, the jury determined that Plaintiff was not entitled to any award and a judgment was again entered in favor of Berkowitz Oliver’s client.  The Court of Appeals has now agreed and affirmed the trial court’s judgment, resulting in a complete defense verdict for the firm’s client.

Read Opinion Here