D.W., a minor child, by and through her natural parent and next friend, L.W., sued Hogan Preparatory Academy, Inc. (Hogan) and Douglas Bliss in the Circuit Court of Jackson County, Missouri, raising a claim against Hogan for sex discrimination under the Missouri Human Rights Act (MHRA) and a claim against Bliss for battery. Following a jury trial, the jury found in favor of D.W. on both claims. Hogan and Bliss appealed the judgment to the Missouri Court of Appeals, Western District.
Factual Overview
In March 2018, Bliss was a sixth-grade social studies teacher at Hogan Middle School, and D.W. was a student in his class. D.W. alleged that, after school on March 12, 2018, when she went to Bliss’s classroom for help with her classwork, Bliss rubbed her right thigh and suggested that it could be their “little secret.” D.W. sought both compensatory and punitive damages against Hogan and Bliss.
During the trial, D.W. offered testimony about the emotional and psychological impact of the incident, as well as evidence of Bliss’s inappropriate behavior towards other students. Hogan presented evidence challenging D.W.’s account of the incident and her credibility. The jury found Bliss liable for battery and Hogan liable for sex discrimination under the MHRA, awarding D.W. compensatory and punitive damages.
Legal Analysis
The Missouri Court of Appeals, Western District, addressed the issue of appellate jurisdiction before considering the merits of Hogan’s and Bliss’s claims. The court found that the trial court’s judgment was not final because it set forth the issues as to liability only and did not indicate the monetary amounts for which Hogan and Bliss were liable. Although the verdict forms and trial transcript indicated the jury’s awards, the trial court had yet to order Hogan and Bliss to pay any money other than attorney’s fees and costs. In the absence of a final judgment, the court lacked jurisdiction to review Hogan’s and Bliss’s claims on appeal. The Missouri Court of Appeals, Western District, dismissed the appeal for lack of appellate jurisdiction because there was no final judgment memorializing the amount of damages awarded.
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