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John Lee Burroughs; Rose Burroughs v. Mackie Moving Systems Corporation; Zurich American Insurance Company

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Submitted: March 14, 2012

Before MELLOY, SMITH, and SHEPHERD, Circuit Judges.

In this uninsured motorist case out of the Eastern District of Missouri, plaintiff John Burroughs appeals the district court’s ruling that the uninsured motorist (UIM) provisions in his insurance policies with defendant AMCO Insurance Co. (AMCO) may not be stacked beyond the statutory $25,000 minimum per insurance policy. Further, Burroughs argues that the district court erred in applying a settlement that arose from the same accident at issue in this case as a credit against what he may recover from AMCO. In its cross-appeal, AMCO argues that Burroughs’s counsel’s misconduct before the jury warrants a new trial. In addition, AMCO argues that Burroughs failed to make a submissible negligence case to the jury. We affirm the judgment of the district court as to all issues save its determination that UIM provisions may not be stacked beyond the statutory minimum. As to that issue, we reverse and remand.

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