# Lebedun v. Robinson

> Missouri Court of Appeals · March 28, 1989 · 768 S.W.2d 219

URL: https://www.frixlaw.com/law-library/cases/9682886

## Case

- **Full name:** Morty LEBEDUN, M.D., Western Missouri Mental Health Center, Appellants, v. Geraldine ROBINSON, Et Al., Respondents
- **Court:** Missouri Court of Appeals
- **Decided:** March 28, 1989
- **Citations:** 768 S.W.2d 219; 1989 Mo. App. LEXIS 414; 1989 WL 27693
- **Precedential status:** Published
- **Opinion:** Concurrence by Lowenstein
- **Judges:** Kennedy, Lowenstein, Gaitan
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9682886

## Opinion text

LOWENSTEIN, Judge,
concurring.
There can be no quarrel with Judge Gai-tan’s opinion and result as to the merits of this case. It is difficult to read and hear the argument in this case without smiling. What takes this appeal out of the category of being a laughing matter is the fact the employee has had to retain counsel to argue the case in the circuit court in Jefferson City and again here in this court. The employee is a cafeteria worker who, at best was the subject of overkill by one of the institutions of one of our largest state agencies. After the fact finder held in her favor, Western Missouri with the free aid of the fine staff of the attorney general, and without having to pay costs, has prosecuted this appeal. The time and expense of this appeal to the state, to the judicial system and to one of our citizens cannot be justified nor laughed away. The state, and particularly Western Missouri owes a duty to be firm but fair, but not to flout their power and might. This appeal comes perilously close to an abuse of that might.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9682886. Public record. Not legal advice.