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Electronically Filed - CITY OF ST. LOUIS - July 19, 2023 - 12:50 PM
CIVIL PROCEDURE FORM NO. 8-A(2)
IN THE 22nd JUDICIAL CIRCUIT, CITY OF ST. LOUIS, MISSOURI
Judge or Division: 21 Circuit Court Case Number: 2122-CC08981
Plaintiff/Petitioner: Appellate Number:
Filing as an Indigent
CANDACE LOVE, as personal
representative of the estate of Date of Judgment/Decree/Order: Court Reporter:
CASEY REDMOND (ATTACH A COPY) March 17, 2023 Ellen L. Vince
vs. Date Post Trial Motion Filed: April
Defendant/Respondent: OSAGE 14, 2023 Sound Recording Equipment
MARINE SERVICES, INC.
Date Ruled Upon: The Record on Appeal will consist of:
July 13, 2023 ____ Legal File only or
__x__ Legal File and Transcript (Date File Stamp)
Notice of Appeal to Missouri Court of Appeals - Civil
District: Western x Eastern Southern
Notice is given that DEFENDANT OSAGE MARINE SERVICES, INC. appeals from the judgment/decree/order entered in
this action on March 17, 2023 (date).
Appellant’s Name Respondent’s Name
(If multiple, list all or attach additional pages) (If multiple, list all or attach additional pages)
Osage Marine Services, Inc. Candace Love, a personal representative of the estate of
Casey Redmond
Address Address
750 E Davis St. 3080 St Catherine
St. Louis, MO 63111 Florissant, MO 63033
Appellant’s Attorney/Bar Number Respondent’s Attorney/Bar Number
(If multiple, list all or attach additional pages) (If multiple, list all or attach additional pages)
See Attached pages See Attached pages
Address Address
E-mail Address E-mail Address
Telephone Telephone
Brief Description of Case (May be completed on a separate page)
Wrongful Death lawsuit under the Jones Act, 46 U.S.C. Sec. 30104, and the general maritime law arising from an
accident on December 15, 2019, in which decedent, Casey Redmond, a crewmember on Defendant’s towing vessel,
the M/V Rain Man, fell from a barge into the Mississippi River and is presumed to have died. Plaintiff, Candance Love,
is decedent’s mother and the personal representative of his estate. Decedent was unmarried and had no dependents.
Prior to trial, Defendant admitted liability. The only issue submitted to the jury was damages.
Issues Expected To Be Raised On Appeal (May be completed on a separate page. Appellant is not bound by this list.)
In a wrongful death lawsuit under the Jones Act and general maritime law, damages are limited, according to the U.S.
Supreme Court’s holding in Miles v. Apex Marine Corp., 498 U.S. 19, 32-33 (1990), to pecuniary losses of the
survivors for lost financial support and services, along with conscious pain and suffering experienced by the decedent.
Defendant intends to raise three primary issues on appeal. First, because plaintiff failed to introduce evidence to
support any inference that decedent was conscious when he fell into the river, or to offer any evidence or coherent
theory about the cause of decedent’s death, and because plaintiff failed to introduce evidence from which the jury
could infer that decedent experienced any financial loss on account of decedent’s death, the trial court erred in
submitting the issues of conscious pain and suffering and lost financial support to the jury, and further erred in failing to
grant Defendant’s Motion for Directed Verdict and Motion for Judgment Notwithstanding the Verdict on those issues.
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Second, the trial court erred in denying Defendant’s Motion for Remittitur because the jury’s verdict in the amount of
$15 Million bears no reasonable relationship to the damages proven at trial, and the award exceeds fair and
reasonable compensation for plaintiff’s injuries and damages and must be remitted pursuant to Sec. 537.068, R.S.Mo.
Finally, the trial court committed various errors regarding jury instructions and admission and exclusion of evidence,
most significantly permitting introduction of voluminous amounts of liability evidence, comprising over ninety percent of
the evidence at trial, when liability was admitted, resulting in a verdict that was the product of error and/or trial
misconduct, and entitling Defendant to a new trial.
Docket Fee Information
x The docket fee in the amount of $70.00 is being tendered with this notice of appeal.
No docket fee is being tendered because:
a docket fee is not required by law pursuant to ____________________________________ (cite specific
statute or other authority).
a motion to prosecute the appeal in forma pauperis has been or will be filed.
a docket fee in the amount of $70.00 cannot be tendered at this time but will be submitted at a later date or
this appeal will be subject to dismissal pursuant to Rule 84.08(a).
Signature of Attorney or Appellant Date
/s Douglas E. Gossow #35525 July 19, 2023
Certificate of Service on Persons other than Registered Users of the Missouri eFiling System
I certify that on ___________________ (date), a copy of the foregoing was sent to the following by facsimile, hand-
delivery, electronic mail or U.S. mail postage prepaid to their last known addresses.
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
______________________________________
Appellant or Attorney for Appellant
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Directions to Clerk
Transmit a copy of the notice of appeal and all attached documents to the clerk of the Court of Appeals and to any
person other than registered users of the eFiling system in a manner prescribed by Rule 43.01. Clerk shall then fill in
the memorandum below. See Rule 81.08(i). Forward the docket fee to the Department of Revenue as required by
statute.
Memorandum of the Clerk
I have this day served a copy of this notice by regular mail registered mail certified mail facsimile
transmission to each of the following persons at the address stated below. If served by facsimile, include the time and date
of transmission and the telephone number to which the document was transmitted.
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
I have transmitted a copy of the notice of appeal to the clerk of the Court of Appeals, _____________________ District.
Docket fee in the amount of $70.00 was received by this clerk on ___________________ (date) which will be
disbursed as required by statute.
No docket fee was received.
____________________________ ______________________________________
Date Clerk
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Additional Parties and Attorneys
List every party involved in the case not listed on page 1, indicate the position of the party in the circuit court (e.g.
plaintiff, defendant, intervenor) and in the Court of Appeals (e.g. appellant or respondent) and the name of the
attorney of record, if any, for each party. Attach additional pages to identify all parties and attorneys if necessary.
Party Name Attorney Name
Address Address
City, State, Zip Code City, State, Zip Code
E-mail Address
Telephone
Party Name Attorney Name
Address Address
City, State, Zip Code City, State, Zip Code
E-mail Address
Telephone
Party Name Attorney Name
Address Address
City, State, Zip Code City, State, Zip Code
E-mail Address
Telephone
Party Name Attorney Name
Address Address
City, State, Zip Code City, State, Zip Code
E-mail Address
Telephone
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Electronically Filed - CITY OF ST. LOUIS - July 19, 2023 - 12:50 PM CIVIL PROCEDURE FORM NO. 8-A(2) IN THE 22nd JUDICIAL CIRCUIT, CITY OF ST. LOUIS, MISSOURI Judge or Division: 21 Circuit Court Case Number: 2122-CC08981 Plaintiff/Petitioner: Appellate Number: Filing as an Indigent CANDACE LOVE, as personal representative of the estate of Date of Judgment/Decree/Order: Court Reporter: CASEY REDMOND (ATTACH A COPY) March 17, 2023 Ellen L. Vince vs. Date Post Trial Motion Filed: April Defendant/Respondent: OSAGE 14, 2023 Sound Recording Equipment MARINE SERVICES, INC. Date Ruled Upon: The Record on Appeal will consist of: July 13, 2023 ____ Legal File only or __x__ Legal File and Transcript (Date File Stamp) Notice of Appeal to Missouri Court of Appeals - Civil District: Western x Eastern Southern Notice is given that DEFENDANT OSAGE MARINE SERVICES, INC. appeals from the judgment/decree/order entered in this action on March 17, 2023 (date). Appellant’s Name Respondent’s Name (If multiple, list all or attach additional pages) (If multiple, list all or attach additional pages) Osage Marine Services, Inc. Candace Love, a personal representative of the estate of Casey Redmond Address Address 750 E Davis St. 3080 St Catherine St. Louis, MO 63111 Florissant, MO 63033 Appellant’s Attorney/Bar Number Respondent’s Attorney/Bar Number (If multiple, list all or attach additional pages) (If multiple, list all or attach additional pages) See Attached pages See Attached pages Address Address E-mail Address E-mail Address Telephone Telephone Brief Description of Case (May be completed on a separate page) Wrongful Death lawsuit under the Jones Act, 46 U.S.C. Sec. 30104, and the general maritime law arising from an accident on December 15, 2019, in which decedent, Casey Redmond, a crewmember on Defendant’s towing vessel, the M/V Rain Man, fell from a barge into the Mississippi River and is presumed to have died. Plaintiff, Candance Love, is decedent’s mother and the personal representative of his estate. Decedent was unmarried and had no dependents. Prior to trial, Defendant admitted liability. The only issue submitted to the jury was damages. Issues Expected To Be Raised On Appeal (May be completed on a separate page. Appellant is not bound by this list.) In a wrongful death lawsuit under the Jones Act and general maritime law, damages are limited, according to the U.S. Supreme Court’s holding in Miles v. Apex Marine Corp., 498 U.S. 19, 32-33 (1990), to pecuniary losses of the survivors for lost financial support and services, along with conscious pain and suffering experienced by the decedent. Defendant intends to raise three primary issues on appeal. First, because plaintiff failed to introduce evidence to support any inference that decedent was conscious when he fell into the river, or to offer any evidence or coherent theory about the cause of decedent’s death, and because plaintiff failed to introduce evidence from which the jury could infer that decedent experienced any financial loss on account of decedent’s death, the trial court erred in submitting the issues of conscious pain and suffering and lost financial support to the jury, and further erred in failing to grant Defendant’s Motion for Directed Verdict and Motion for Judgment Notwithstanding the Verdict on those issues. 1 of 3 Electronically Filed - CITY OF ST. LOUIS - July 19, 2023 - 12:50 PM Second, the trial court erred in denying Defendant’s Motion for Remittitur because the jury’s verdict in the amount of $15 Million bears no reasonable relationship to the damages proven at trial, and the award exceeds fair and reasonable compensation for plaintiff’s injuries and damages and must be remitted pursuant to Sec. 537.068, R.S.Mo. Finally, the trial court committed various errors regarding jury instructions and admission and exclusion of evidence, most significantly permitting introduction of voluminous amounts of liability evidence, comprising over ninety percent of the evidence at trial, when liability was admitted, resulting in a verdict that was the product of error and/or trial misconduct, and entitling Defendant to a new trial. Docket Fee Information x The docket fee in the amount of $70.00 is being tendered with this notice of appeal. No docket fee is being tendered because: a docket fee is not required by law pursuant to ____________________________________ (cite specific statute or other authority). a motion to prosecute the appeal in forma pauperis has been or will be filed. a docket fee in the amount of $70.00 cannot be tendered at this time but will be submitted at a later date or this appeal will be subject to dismissal pursuant to Rule 84.08(a). Signature of Attorney or Appellant Date /s Douglas E. Gossow #35525 July 19, 2023 Certificate of Service on Persons other than Registered Users of the Missouri eFiling System I certify that on ___________________ (date), a copy of the foregoing was sent to the following by facsimile, hand- delivery, electronic mail or U.S. mail postage prepaid to their last known addresses. _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ ______________________________________ Appellant or Attorney for Appellant 2 of 3 Electronically Filed - CITY OF ST. LOUIS - July 19, 2023 - 12:50 PM Directions to Clerk Transmit a copy of the notice of appeal and all attached documents to the clerk of the Court of Appeals and to any person other than registered users of the eFiling system in a manner prescribed by Rule 43.01. Clerk shall then fill in the memorandum below. See Rule 81.08(i). Forward the docket fee to the Department of Revenue as required by statute. Memorandum of the Clerk I have this day served a copy of this notice by regular mail registered mail certified mail facsimile transmission to each of the following persons at the address stated below. If served by facsimile, include the time and date of transmission and the telephone number to which the document was transmitted. _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ I have transmitted a copy of the notice of appeal to the clerk of the Court of Appeals, _____________________ District. Docket fee in the amount of $70.00 was received by this clerk on ___________________ (date) which will be disbursed as required by statute. No docket fee was received. ____________________________ ______________________________________ Date Clerk 3 of 3 Electronically Filed - CITY OF ST. LOUIS - July 19, 2023 - 12:50 PM Additional Parties and Attorneys List every party involved in the case not listed on page 1, indicate the position of the party in the circuit court (e.g. plaintiff, defendant, intervenor) and in the Court of Appeals (e.g. appellant or respondent) and the name of the attorney of record, if any, for each party. Attach additional pages to identify all parties and attorneys if necessary. Party Name Attorney Name Address Address City, State, Zip Code City, State, Zip Code E-mail Address Telephone Party Name Attorney Name Address Address City, State, Zip Code City, State, Zip Code E-mail Address Telephone Party Name Attorney Name Address Address City, State, Zip Code City, State, Zip Code E-mail Address Telephone Party Name Attorney Name Address Address City, State, Zip Code City, State, Zip Code E-mail Address Telephone 4 of 3