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MURPHY v. COLE NAT. CORP.

No. WD 38103.

731 S.W.2d 28 (1987)

Mark MURPHY, Appellant, v. COLE NATIONAL CORPORATION, Respondent.

Missouri Court of Appeals, Western District.

May 19, 1987.

Attorney(s) appearing for the Case

Larry M. Brummet, Kansas City, for appellant.

Robert C. Haldiman, Bagby & Jacob, Kansas City, for respondent.

Before SHANGLER, P.J., and MANFORD and BERREY, JJ.

SHANGLER, Presiding Judge.

The plaintiff Murphy sued the defendant Cole National Corporation for damages for injury to the eyes from the negligent insertion of contact lenses. The petition alleged the cause of action in two counts. Count I was couched in terms of specific negligence, and Count II in res ipsa loquitur. The plaintiff elected to submit on the theory of res ipsa loquitur, and the jury returned a verdict of $125,000 for the plaintiff. The defendant then...

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