ETHRIDGE v. GALLAGHER

No. WD 41142.

773 S.W.2d 207 (1989)

Gordon ETHRIDGE, Appellant, v. Michael J. GALLAGHER, Defendant ad litem for Daniel J. Cates, Deceased, Respondent.

Missouri Court of Appeals, Western District.

June 27, 1989.


Attorney(s) appearing for the Case

Phillip S. Smith and Thomas Stein, Kansas City, for appellant.

Dale L. Beckerman and Mimi E. Doherty, Kansas City, for respondent.

Before KENNEDY, C.J., and GAITAN, J., and CONNETT, Special Judge.


GAITAN, Judge.

Appellant, Gordon Ethridge, appeals the giving of Instruction No. 9, a verdict directing instruction on comparative fault, to the jury. The instruction gave four disjunctive submissions of negligence which were: (1) rear-end collision; (2) excessive speed; (3) failure to keep a careful lookout; and (4) failure to stop, swerve or slacken speed. Ethridge also contends the trial court erred by instructing the jury panel that respondent, Daniel J. Cates...

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