Meyer ex rel. Coplin v. Fluor Corp.

Summary

The Supreme Court of Missouri, En Banc, reviewed the denial of class certification in a toxic-tort action involving children allegedly exposed to lead emissions from the Doe Run smelter. The court held that the circuit court improperly treated individualized personal-injury issues as predominant over common issues relevant to a medical-monitoring claim, reversed the denial of certification, and remanded for further proceedings, including consideration of typicality.

Holdings

1. The circuit court erred by concluding that individual issues predominated based on questions primarily relevant to a personal-injury action. Under the plaintiff's theory, the common issue of exposure to toxins from a single source and the significance of that exposure could predominate over individualized questions.
2. A present physical injury is not a prerequisite to recovery of medical-monitoring damages. Upon proper proof, a plaintiff may recover the quantifiable costs of reasonably necessary periodic medical examinations for early detection and treatment of latent injuries caused by toxic exposure.
3. The court would not decide the proposed representative's typicality or any party-substitution issue in the first instance. Those matters were remanded to the circuit court for findings.

Questions Presented

1. Whether the circuit court abused its discretion by denying class certification after treating individualized questions concerning present physical injuries as predominant in a proposed medical-monitoring class action.
2. Whether a present physical injury is required to support a claim for medical-monitoring damages under Missouri law.
3. Whether the appellate court should decide the proposed representative's typicality and party-substitution issues or remand those issues to the circuit court.

Disposition

reversed_and_remanded