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HUDSON v. CARR

No. 65216.

668 S.W.2d 68 (1984)

Lynn James HUDSON, Plaintiff-Respondent, v. Ernest G. CARR, Defendant-Appellant.

Supreme Court of Missouri, En Banc.

As Modified April 16, 1984.

Rehearing Denied April 16, 1984.

Attorney(s) appearing for the Case

Ray Dickhaner, Hillsboro, for defendant-appellant.

Earl R. Blackwell, Hillsboro, for plaintiff-respondent.

BLACKMAR, Judge.

The plaintiff recovered a judgment for $180,000 for personal injuries. The defendant appeals arguing, first, that the judgment for the plaintiff is barred because of collateral estoppel on the issue of contributory negligence, and, second, that plaintiff's damage instruction should have been modified in accordance with Note on Use No. 3 to MAI 4.01. The Court of Appeals, by unanimous action of the 14 judges, transferred the case here for resolution...

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