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KERSEY v. HARBIN

No. 10801.

591 S.W.2d 745 (1979)

Richard KERSEY and Delores Jean Kersey, Plaintiffs-Appellants, v. Samuel HARBIN, W. L. Clayton, Albert Holmes, Jr., Webb Edwards and Mary Mather, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division 3.

December 18, 1979.

Attorney(s) appearing for the Case

Stephen N. Limbaugh, Limbaugh, Limbaugh & Russell, Cape Girardeau, for plaintiffs-appellants.

David E. Blanton, Blanton, Rice, Sickal, Gilmore & Winchester, Sikeston, for defendants-respondents.

HOGAN, Judge.

The legal aspects of this tragedy are before this court for a second time. On March 5, 1974, plaintiffs' son Daniel was an eighth grade student in the Sikeston, Missouri, Junior High School. Daniel was not quite 14 years old. At 2:40 p. m., Daniel reported to his regularly scheduled physical education class. His regular instructor was absent that day attending a "health workshop" in Cape Girardeau, with the permission of his superior. Mr. Clayton, the...

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