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LEVIN v. SEARS, ROEBUCK & CO.

No. KCD 27404.

535 S.W.2d 525 (1976)

Ruth Ann LEVIN, Respondent, v. SEARS, ROEBUCK AND COMPANY, Appellant.

Missouri Court of Appeals, Kansas City District.

March 29, 1976.

Attorney(s) appearing for the Case

Robert M. Kroenert, John W. Cowden, Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, for appellant.

Charles C. Shafer, Jr., Kansas City, for respondent.

Before SHANGLER, P.J., and SWOFFORD and SOMERVILLE, JJ.

SWOFFORD, Judge.

The respondent (hereafter plaintiff) brought an action for damages for personal injuries sustained as a result of a fall in the parking lot of the appellant (hereafter defendant). The case was tried before a jury and resulted in a verdict and judgment for the defendant. Plaintiff filed a motion for a new trial, which was sustained on the sole ground that the court erred in giving Instruction No. 4 on the subject of contributory negligence. This reason...

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