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AMERICAN STATES INS. v. PORTERFIELD

Nos. WD 45714, WD 45806.

844 S.W.2d 13 (1992)

AMERICAN STATES INSURANCE CO., INC., Respondent, v. Jerry PORTERFIELD, d/b/a Porterfield Construction, Defendant, and James Devon Scarborough, b/n/f, Appellant. James Devon SCARBOROUGH, et al., Appellants, v. Jerry PORTERFIELD, d/b/a Porterfield Construction, Respondent.

Missouri Court of Appeals, Western District.

September 8, 1992.

Attorney(s) appearing for the Case

Max Von Erdmannsdorf and Michael D. Gibbons, Kansas City, for appellants.

Jack T. Bangert, Kansas City, for defendant.

Gordon N. Myerson, Kansas City, for respondent.

Before TURNAGE, P.J., and BRECKENRIDGE and HANNA, JJ.

TURNAGE, Presiding Judge.

This is a consolidated appeal involving two separate but related lawsuits—a personal injury action and a declaratory judgment action. The personal injury action was brought by James Devon Scarborough, a minor, and his parents, James and Beth Scarborough, against Jerry Porterfield d/b/a Porterfield Construction Company. The declaratory judgment action was brought by American States Insurance Company. The court in each case entered summary...

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