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GATES v. TAUCHEN

No. 57258.

497 S.W.2d 183 (1973)

David E. GATES, by his next friend Earl J. Gates, Appellant, v. John TAUCHEN, a minor, Respondent.

Supreme Court of Missouri, Division No. 1.

July 16, 1973.

Attorney(s) appearing for the Case

Perry M. Cortner, Kansas City, Melvin E. Griffin, Griffin & Griffin, Cameron, for appellant.

Somerville, Cleaveland & Macoubrie, Ronald L. Somerville, Chillicothe, for respondent.

SEILER, Judge.

Plaintiff, relying on the doctrine of res ipsa loquitur, appeals from the trial court's dismissal of his first amended petition for $100,000 damages because he refused to make a more definite statement. Since the appeal was pending here on January 1, 1972, we have jurisdiction based on the amount in controversy.

The sole issue on appeal is whether plaintiff's petition was sufficient to plead a cause...

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