Supreme Court of Missouri

Michelle Fleshner, Respondent v. Pepose Vision Institute, P.c., Appellant

February 9, 20102010 Mo. LEXIS 11

Summary

The court reversed the judgment and remanded because the trial court should have held an evidentiary hearing on allegations that a juror made anti-Semitic remarks during deliberations. The court held that such remarks, if made, establish ethnic or religious bias inconsistent with the constitutional right to a fair and impartial jury. It also adopted the public-policy exception to at-will employment, held that "contributing factor" is the proper causation standard, and concluded that the instruction used did not prejudice PVI. No separate opinions were filed.