MORGAN v. TOOMEY

No. 49678.

719 S.W.2d 129 (1986)

Cary P. MORGAN, Plaintiff-Respondent, v. Michael S. TOOMEY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

November 4, 1986.


Attorney(s) appearing for the Case

James E. Godfrey, St. Louis, for defendant-appellant.

Walter L. Floyd, Clayton, for plaintiff-respondent.


SATZ, Judge.

This is a personal injury action. Plaintiff, Cary Morgan, was struck by a car driven by defendant, Michael Toomey. The jury found defendant 95% at fault and plaintiff 5% at fault. Plaintiff's judgment was $53,568.87. Defendant appeals. We reverse and remand.

Plaintiff submitted his case on three alternative theories of negligence: defendant drove at excessive speed or failed to keep a careful lookout or failed to swerve. On appeal, defendant contends...

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