DUNN v. FOODS INC (2019)

Missouri Court of Appeals, Western District.

Tammy D. DUNN, Appellant, v. A&B FOODS, INC. d/b/a Save A Lot Food Stores, et al., Respondents.

WD 82157

Decided: December 03, 2019

Before Division Four: Karen King Mitchell, Chief Judge, and Lisa White Hardwick and Alok Ahuja, Judges

Stacy A. Lake, Kansas City, MO, Attorney for Appellant. Kenneth J. Morton and Darya V. Lyeshchenko, Overland Park, KS, Attorneys for Respondents A&B Foods, Inc., Luann Vasut, and Yasser Shalabi. Meagan L. Blackwell-Patterson and Matthew A. Tate, Prairie Village, KS, Attorneys for Defendants Metropolitan Public Safety LLC, Ernest Parks, and Paul Moore.

Order

Tammy Dunn appeals the dismissal, with prejudice, of her petition against A&B Foods, Inc., Luann Vasut, and Yasser Shalabi (collectively “Store Defendants”); and Metropolitan Public Safety, LLC, Ernest Parks, and Paul Moore (collectively “Security Defendants”), alleging negligence, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process, arising out of an incident wherein Dunn was believed to have been shoplifting from a Save A Lot store. Dunn’s petition was dismissed with prejudice against all defendants as a sanction for a series of discovery violations. Dunn raises six points on appeal, challenging the sanction of dismissal, as well as the trial court’s ruling on a motion in limine and its denial of her request for a change of judge. Finding no error, we affirm. Rule 84.16(b).

Per Curiam:

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