WILLIAMS v. CHRISTIAN

No. KCD 26218.

520 S.W.2d 139 (1974)

Terry WILLIAMS, pro ami, Plaintiff-Appellant, v. Janice M. CHRISTIAN (Tinder), Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied January 28, 1975.

Application to Transfer Denied April 14, 1975.


Attorney(s) appearing for the Case

M. Sperry Hickman, Inc., By M. Sperry Hickman, Independence, for plaintiff-appellant.

George T. O'Laughlin, William E. Simmons, Miller & O'Laughlin, P. C., Kansas City, for defendant-respondent.

Before PRITCHARD, P. J., SWOFORD and SOMERVILLE, JJ., and TURNAGE, Special Judge.


SOMERVILLE, Judge.

The refusal of a lookout instruction has generated a head on confrontation between the parties in a tort action. The appellant, plaintiff below, tendered the following lookout instruction as his verdict director, which was refused by the trial court:

"REFUSED INSTRUCTION NO. A

Your verdict must be for plaintiff if you believe:

First, defendant failed to keep a careful lookout, and

Second, defendant was thereby negligent...

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