SIMPSON v. SMITH

No. 15871.

771 S.W.2d 368 (1989)

Mary R. SIMPSON and James E. Simpson, Plaintiffs-Appellants, v. John K. SMITH, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

May 31, 1989.


Attorney(s) appearing for the Case

James A. Broshot, Mazzei and Broshot, Steelville, for plaintiffs-appellants.

Dan L. Birdsong, Thomas, Birdsong, Clayton & Haslag, P.C., Rolla, for defendant-respondent.


MAUS, Judge.

In this wrongful death action the defendant driver ran over the plaintiffs' decedent who was lying in Crawford County Highway JJ. A jury found the plaintiffs' damage to be $5,000. They assessed fault 90 percent to the decedent and 10 percent to the defendant. The plaintiffs state three points on appeal.

The following is an outline of the facts. Nineteen-year-old Brett Simpson lived in Bourbon, Missouri, with his mother, plaintiff Mary R. Simpson...

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