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SWIFT v. BAGBY

No. 10481.

559 S.W.2d 635 (1977)

Idella SWIFT, Plaintiff-Respondent, v. Claude W. BAGBY, Defendant-Appellant, John Swift, Jr., Defendant.

Missouri Court of Appeals, Springfield District.

December 6, 1977.

Attorney(s) appearing for the Case

L. D. Joslyn, Jeffrey C. Vaughan, Joslyn, Joslyn, Vaughan & Pruett, Charleston, for plaintiff-respondent.

Manuel Drumm, Sikeston, for defendant-appellant.

Before BILLINGS, C. J., and TITUS and FLANIGAN, JJ.

TITUS, Judge.

Plaintiff was a passenger in an automobile driven by Swift when it collided with a vehicle operated by Bagby. Plaintiff sued both Swift and Bagby. A jury awarded her $5,000 in damages against Swift and exonerated Bagby. The trial court granted plaintiff a new trial on damages as to Swift when he confessed error and granted a new trial as to Bagby "for the reason that the Court erred in not permitting the plaintiff...

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