ALLEN v. ANDREWS

No. 10775.

599 S.W.2d 262 (1980)

Gladys I. ALLEN, Plaintiff-Respondent, v. David P. ANDREWS, Defendant-Appellant, and James P. Andrews, Defendant.

Missouri Court of Appeals, Southern District, Division Two.

May 13, 1980.


Attorney(s) appearing for the Case

David W. Bernhardt, Robert W. Ewing, Bussell, Hough, Bernhardt, Leighton & O'Neal, Springfield, for defendant-appellant.

Charles C. Shafer, Jr., Kansas City., for plaintiff-respondent.


HOGAN, Judge.

This action for damages arose out of a three-car collision. The jury returned an ambiguous verdict. The trial court granted a new trial upon the ground that the verdict was not responsive, and upon the further ground that the volunteered statement of a witness had been prejudicial to the plaintiff. The defendant appeals.

The casualty occurred during the evening rush hour on Glenstone, a thoroughfare which runs north and south in the east part...

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