O'DELL v. WHITWORTH

No. WD 31263.

618 S.W.2d 681 (1981)

Marilyn O'DELL, Plaintiff-Appellant, and Kenneth Milligan, Intervenor-Appellant, v. Tammy Sue WHITWORTH, Defendant-Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and Denied June 30, 1981.

Application to Transfer Denied September 8, 1981.


Attorney(s) appearing for the Case

Robert L. Shirkey, Kansas City, Werner A. Moentmann, Farrell Hockemeier, Richmond, for appellants.

Dick B. Dale, Jr., Richmond, Bradley, Langdon & Bradley, N.R. Bradley, Lexington, for defendant-respondent.

Before KENNEDY, P.J., and SHANGLER and SOMERVILLE, JJ.


As Modified On Court's Own Motion.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 30, 1981.

PER CURIAM.

A wrongful death action was brought by the natural parents of an unmarried, female minor whose death occurred when she fell from the open bed of a moving pickup truck driven by defendant. The parents pleaded and submitted their case to the jury on the theory of res ipsa loquitur. The...

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