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FERKEL v. BI-STATE TRANSIT DEVELOPMENT

No. 47832.

682 S.W.2d 91 (1984)

Betty FERKEL, Plaintiff-Respondent, v. BI-STATE TRANSIT DEVELOPMENT AGENCY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Rehearing Denied December 5, 1984.

Application to Transfer Denied January 15, 1985.

Attorney(s) appearing for the Case

David Lupo, St. Louis, for plaintiff-respondent.

Donald Bird, St. Louis, for defendant-appellant.

SMITH, Presiding Judge.

Defendant, Bi-State Transit Development Agency, appeals from a judgment of $5000 against it based upon a jury verdict. We reverse.

Plaintiff sustained injuries when the bus upon which she was riding went out of control after the driver collapsed from a fatal heart attack. The evidence established that the driver had no prior history of heart trouble. He had taken annual physical examinations required by the U.S. Department of Transportation...

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