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HAWKINS v. WHITTENBERG

No. 10655.

587 S.W.2d 358 (1979)

Catherine HAWKINS, Administratrix of the Estate of Selma Mary Winfrey, Plaintiff-Appellant, v. Newell WHITTENBERG, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

September 17, 1979.

Attorney(s) appearing for the Case

John R. Courtney, Springfield, for plaintiff-appellant.

E. C. Curtis, Farrington, Curtis, Knauer & Hart, Springfield, for defendant-respondent.

FLANIGAN, Chief Judge.

Plaintiff, the administratrix of the estate of Mrs. Selma Winfrey, brought this wrongful death action against defendant Newell Whittenberg. The theory of the petition was that Mrs. Winfrey's death was caused by the negligence of defendant in the operation of his automobile on August 22, 1974, at the intersection of Commercial and Van Buren in Lebanon, Missouri. The petition alleged that defendant's automobile struck Mrs. Winfrey, a 77-year-old...

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