D.S. Sifers Corp. v. Hallak

5 Citing cases

  1. Foster v. Bd. of Governors of the Colo. State Univ. Sys. ex rel. Colo. State Univ.

    342 P.3d 497 (Colo. App. 2014)   Cited 9 times

    The presumption of a bailee’s negligence is essentially an application of the doctrine of res ipsa loquitur. See Motor Crane Serv. Co. v. Barker Constr. Co., 650 P.2d 1329, 1331 (Colo. App. 1982) (Tursi, J., dissenting); Nolan v. Auto Transporters, 597 P.2d 614, 621 (Kan. 1979); D.S. Sifers Corp. v. Hallak, 46 S.W.3d 11, 19 (Mo. Ct. App. 2001). Res ipsa loquitur is a rule of evidence allowing a jury to infer from circumstantial evidence that some negligent act of the defendant caused the plaintiff’s injury, without requiring the plaintiff to prove the defendant’s specific negligence.

  2. Lackawanna v. St. Louis County

    497 F.3d 832 (8th Cir. 2007)   Cited 8 times
    Referring to Missouri's definition of bailment as the "traditional concept."

    A `bailment' in its ordinary legal sense imports the delivery of personal property by the bailor to the bailee who keeps the property in trust for a specific purpose, with a contract, express or implied, that the trust shall be faithfully executed, and the property returned or duly accounted for when the special purpose is accomplished or that the property shall be kept until the bailor reclaims it.Weinberg v. Wayco Petroleum Co., 402 S.W.2d 597, 599 (Mo.Ct.App. 1966); see also U.S. Sifers Corp. v. Hallak, 46 S.W.3d 11, 16 (Mo.Ct.App. 2001). Though the Transportation Museum was not a bailee for hire, a gratuitous bailment does not defeat the fundamental duties that attend the relationship, which include return of the bailed property.

  3. Washington University v. Catalona

    437 F. Supp. 2d 985 (E.D. Mo. 2006)   Cited 3 times

    "A contract for bailment may be written, oral, express, or implied." D.S. Sifers Corp. v. Hallak, et. al., 46 S.W.3d. 11, 16 (Mo.App. 2001) quotingStone v. Crown Diversified Indus. Corp., 9 S.w.3d. 659, 669 (Mo.App. 1999). Finally, the medical research community itself has never considered the relationship between an RP and a medical research institution to be one of bailment.

  4. Cleary v. Acme Flooring Company, Inc.

    Case No. 05-0310-CV-W-REL (W.D. Mo. Mar. 28, 2006)

    Furthermore, the burden-shifting presumption urged by plaintiffs applies only when the alleged bailee has sole, actual, and exclusive physical possession of the bailment. D.S. Sifers Corp. v. Hallak, 46 S.W.3d 11, 18 (Mo.Ct.App. 2001). Exclusive control means the right to control, as opposed to physical control McDowell v. Southwestern Bell Telephone Co., 546 S.W.2d 160, 168 (Mo.Ct.App. 1976).

  5. May v. Williams

    531 S.W.3d 576 (Mo. Ct. App. 2017)   Cited 7 times   1 Legal Analyses
    Holding that a money judgment against the alleged transferees of fraudulent conveyances, based on a breach of contract by the transferor, was not among the remedies authorized by § 428.039

    "For a bailment contract to exist, there must be delivery by the bailor and acceptance by the bailee of the subject matter of the bailment." D.S. Sifers Corp. v. Hallak, 46 S.W.3d 11, 16 (Mo. App. 2001). " ‘Where the bailor pleads and presents evidence of breach of the bailment contract by the bailee failing to return the article in an undamaged condition, the burden of proof is on the bailee to plead and provide due care on its part [.]