Roth v. La Societe Anonyme Turbomeca France
Missouri Court of Appeals
120 S.W.3d 764 (2003)
- Written by Rose VanHofwegen, JD
Facts
Sheila and Robert Roth (plaintiffs) sued for serious injuries Sheila sustained as a nurse in a fatal medical-transport-helicopter crash. The crash resulted from a defective engine part manufactured by La Societe Anonyme Turbomeca France and distributed by Turbomeca Engine (collectively Turbomeca). The Roths and other families sued Turbomeca and others. In response to interrogatories, Turbomeca said it had $50 million in insurance coverage when it actually had $1 billion. Concerned that $50 million would not satisfy all the judgments, the Roths settled. The Roths learned the actual coverage amount after Turbomeca funded settlement. But instead of voiding the settlement, the Roths dismissed their claims as agreed and brought a separate action against Turbomeca, its insurers, and their attorneys (defendants). The Roths alleged that Turbomeca and the insurers committed fraud, that the attorneys made negligent misrepresentations, and that all the defendants committed fraudulent concealment and civil conspiracy. The trial court dismissed all the Roths’ claims. The Roths appealed as to all claims except fraudulent concealment against the attorneys.
Rule of Law
Issue
Holding and Reasoning (Spinden, J.)
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