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WENICH v. NEILL

No. WD 32986.

648 S.W.2d 593 (1983)

Nicolaus WENICH and Anna Wenich, Plaintiffs-Appellants, v. Arbutus A. NEILL, Defendant-Respondent.

Missouri Court of Appeals, Western District.

March 1, 1983.

Attorney(s) appearing for the Case

Kenneth L. Gottschall (argued), Kansas City, for plaintiffs-appellants.

Steven W. White (argued), Desselle & White, Independence, for defendant-respondent.

Before NUGENT, P.J., and TURNAGE and LOWENSTEIN, JJ.

NUGENT, Presiding Judge.

Plaintiffs appeal from a judgment for defendant in a judge-tried case asking for damages to their automobile resulting from the collision of defendant's car with plaintiffs'. We reverse and remand for new trial.

On September 30, 1979, plaintiff Nicolaus Wenich was driving westerly on Lexington Street in Independence, Missouri, close to the center line. Defendant was also driving westerly on Lexington, but in the curb lane.

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