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PORTER v. GOTTSCHALL, ETC.

No. 62427.

615 S.W.2d 63 (1981)

Ralph Eugene PORTER, Incompetent, By and Through James P. AYLWARD, Public Administrator, Appellant, v. Kenneth L. GOTTSCHALL, Administrator of the Estate of Peter D. Rende, Deceased, et al., Respondents.

Supreme Court of Missouri, En Banc.

May 11, 1981.

Attorney(s) appearing for the Case

Philip C. Ehli, John J. McFadden, Sr., Kansas City, for appellant.

John R. Gibson, Michael C. Manning, Thomas V. Bender, Robert G. Oberlander, Kansas City, for respondents.

HIGGINS, Judge.

The guardian of Ralph Porter brought an action in Count I against the administrator of the estate of Peter Rende for personal injuries received in an automobile accident and in Count II against Aetna Casualty and Surety Company and Harry Gallagher, its agent, for fraud in procuring a settlement of Porter's claim. The counts were severed for separate trials. The jury returned a verdict on Count I in favor of Rende's administrator; the court dismissed...

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