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TAYLOR v. ASPEY

No. KCD 29029.

567 S.W.2d 670 (1978)

Nancy Gail TAYLOR, Respondent, v. Clifford Dean ASPEY, Defendant, v. Paul E. TAYLOR, Sr., Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied June 12, 1978.

Attorney(s) appearing for the Case

M. Sperry Hickman, Independence, for appellant.

Charles Gersh, Grandview (Gersh, Holt, Earhart, Jones & Dibler, of counsel), Grandview, for respondent.

G. Michael Fatall, Kansas City, for defendant.

Before WELBORN, Special Judge, Presiding, HIGGINS, Special Judge, and PRITCHARD, J.

PRITCHARD, Judge.

For the wrongful death of Paul Eugene Taylor, Jr., as a result of being struck by a car when he was a pedestrian, a settlement was achieved with defendant Aspey's insurer, for the amount of the policy limit, $10,000.00. Appellant-intervenor, the deceased's natural father, contends here that under § 537.080, RSMo 1969, he was entitled to an equal interest in the judgment from the $10,000.00 fund which was paid into court. As to who may sue for...

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