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DANE BY DANE v. COZEAN

No. 43431.

636 S.W.2d 87 (1982)

Mitchell Dale DANE, A Minor, By His Next Friend, Gary DANE, Plaintiff-Respondent, v. Hugo COZEAN, Adm. of the Estate of Richard M. Batten, Dec'd., Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied June 18, 1982.

Attorney(s) appearing for the Case

Robert L. Nussbaumer, St. Louis, for defendant-appellant. Kenneth A. Seufert, Farmington, Philip T. Ayers, St. Ann, for plaintiff-respondent.

PER CURIAM.

This appeal stems from a personal injury action arising out of an automobile-pedestrian accident. Jury verdict of $50,000 was in favor of plaintiff-respondent Mitchell Dane, a minor at the time of the accident. Defendant-appellant is the administrator of the estate of Richard M. Batten, driver of the automobile who apparently died of natural causes sometime after the accident. The appeal raises the following points of alleged error: (1) failure of plaintiff...

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