JENKINS v. KELLER

No. 9921.

579 S.W.2d 166 (1979)

Zona M. JENKINS and Clyde Jenkins, Plaintiffs-Respondents, v. Mary E. KELLER, Defendant-Appellant.

Missouri Court of Appeals, Southern District, En Banc.

March 16, 1979.


Attorney(s) appearing for the Case

Donald E. Bonacker, Bonacker & Reynolds, Springfield, for plaintiffs-respondents.

Gerald H. Lowther, C. Ronald Baird, Lowther, Johnson & Franks, Springfield, for defendant-appellant.


BILLINGS, Judge.

Damage suit and jury verdict for defendant. The trial court granted plaintiffs' motion for a new trial because the contributory negligence instruction omitted "the use of" from MAI 17.04 preceding the phrase "the highest degree of care." Defendant contends the omission did not result in prejudicial error and avers: (1) plaintiffs failed to make a submissible case of negligence, and (2) plaintiff...

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