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SMITH v. HEISSERER

No. 11723.

609 S.W.2d 485 (1980)

Geraldine SMITH, Plaintiff-Appellant, v. Chris A. HEISSERER, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Three.

December 3, 1980.

Attorney(s) appearing for the Case

Donald Rhodes, Bloomfield, for plaintiff-appellant.

Donald P. Thomasson, Paul V. Gilbert, Jackson, Thomasson, Dickerson & Gilbert, Cape Girardeau, for defendant-respondent.

BILLINGS, Presiding Judge.

Plaintiff Geraldine Smith was injured when she was struck by defendant's pickup truck as she was attempting to cross Main Street in Scott City, Missouri. Her petition alleged defendant was guilty of primary negligence (speed, lookout, control, stop, swerve, slacken, warning) and humanitarian negligence (stop, slacken, warning). Plaintiff tendered a humanitarian instruction on defendant's failure to swerve his vehicle but the court refused...

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