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OGLE v. WEBB

No. 11968.

623 S.W.2d 582 (1981)

Michael Shane OGLE, Dexter Wayne Snyder and Derek A. Snyder, Minors, by and Through Their Guardian, John Ogle, Jr., Plaintiffs-Respondents, v. Thurman WEBB, Defendant-Appellant, and Kenneth E. Myers, Defendant.

Missouri Court of Appeals, Southern District, Division Two.

October 14, 1981.

Attorney(s) appearing for the Case

Edward J. Hershewe, Joplin, for plaintiffs-respondents.

Malcolm L. Robertson, Blanchard, Van Fleet, Martin, Robertson & Dermott, Joplin, for defendant-appellant.

PREWITT, Presiding Judge.

This is an action to recover damages for the wrongful death of plaintiffs' mother as the result of two related automobile collisions. A jury verdict and judgment was entered in favor of defendant Webb and against plaintiffs and in favor of plaintiffs and against defendant Myers with damages assessed at $130,000. Plaintiffs' motion for a new trial as to defendant Webb was sustained on the ground that a contributory negligence instruction given...

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