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MO. HWY. & TRANSP. COM'N v. MAUER

No. 51758.

728 S.W.2d 722 (1987)

MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff-Appellant, v. Rosemary MAUER, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

April 28, 1987.

Attorney(s) appearing for the Case

Paul Ferber, Asst. Counsel, Kirkwood, Rich Tiemeyer, Chief Counsel, Rodney D. Gray, Asst. Counsel, Jefferson City, for plaintiff-appellant.

Donald Kenneth Anderson, Jr., St. Louis, for defendant-respondent.

REINHARD, Judge.

Plaintiff brought this action alleging that a section of its guardrail along Interstate 270 in St. Louis County was damaged as a result of defendant's negligence. A jury trial resulted in a $2,587.16 verdict for plaintiff; however, the trial court granted defendant's motion for new trial based upon perceived error in the submission of plaintiff's verdict directing instruction. Plaintiff appeals. We reverse and remand.

Plaintiff's evidence...

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