FISHER v. McILROY

No. 52269.

739 S.W.2d 577 (1987)

Kenneth FISHER, Plaintiff-Respondent, v. Ira McILROY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

November 3, 1987.


Attorney(s) appearing for the Case

Helton Reed, St. Louis, for defendant-appellant.

Larry Henry Hellwig, Clayton, for plaintiff-respondent.


DOWD, Judge.

Defendant, Ira McIlroy, appeals from the trial court's order vacating the jury verdict in favor of defendant on his counterclaim and granting a motion for a new trial. Defendant appeals from the circuit court's holdings of an erroneous submission of an instruction under the "rear-end collision" doctrine and bias and prejudice resulting in an excessive verdict. We affirm the granting of the motion for a new trial.

On appeal, defendant asserts that...

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