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CHANDLER v. MATTOX

No. 38047.

544 S.W.2d 85 (1976)

Birdie CHANDLER, Plaintiff-Appellant, v. Robert J. MATTOX, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

November 23, 1976.

Attorney(s) appearing for the Case

Elmer C. Oberhellman, Paul J. Simon, St. Louis, for plaintiff-appellant.

Gerre S. Langton, St. Louis, for defendant-respondent.

DOWD, Judge.

Plaintiff's suit for negligence was dismissed with prejudice following her admission that her injuries were due in part to her contributory negligence. On appeal, plaintiff argues that dismissal by the trial court was error because the doctrine of contributory negligence should be replaced by the doctrine of comparative negligence which would not bar recovery.

The doctrine of comparative negligence is not the law in Missouri. Howard v. Scarritt...

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