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McCROSKEY v. BURLINGTON NORTHERN R. CO.

No. 17449.

825 S.W.2d 337 (1992)

Allen D. McCROSKEY, Plaintiff-Respondent, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendant-Appellant and Third-Party Plaintiff-Appellant, v. 166 AUTO AUCTION, INC., Third-Party Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied March 12, 1992.

Attorney(s) appearing for the Case

William A. Brasher, Daniel M. Buescher, St. Louis, Glenn A. Burkart, Mann, Walter, Burkart, Weathers & Walter, Springfield, for defendant-appellant and third-party plaintiff-appellant.

Leland L. Gannaway, Jay P. Cummings, Gannaway, Fiorella, Cummings & Bennett, Springfield, for plaintiff-respondent.

Randy R. Cowherd, Robert W. Schroff, Schroff, Glass & Newberry, Springfield, for third-party defendant-respondent.

SHRUM, Presiding Judge.

In this negligence action the defendant Burlington Northern Railroad Company (BN) appeals from a money judgment for $105,750 rendered pursuant to a jury verdict in favor of the plaintiff, Allen D. McCroskey. The jury found the plaintiff's total damages to be $117,500 and attributed 10% of the fault to him. The plaintiff broke his ankle when his foot slipped as he walked up the south ramp of BN's "ramp car" to work on the defective north ramp...

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