FITZGERALD v. CITY OF OVERLAND

No. 59198.

829 S.W.2d 98 (1992)

Francis E. FITZGERALD, Appellant, v. CITY OF OVERLAND, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

April 28, 1992.


Attorney(s) appearing for the Case

Jack B. Spooner, Howard Allen Wittner, Gary Siegel, St. Louis, for appellant.

Robert Herman, Sean C. Santoro, St. Louis, for respondent.


CRIST, Judge.

Employee appeals from a judgment entered upon a jury finding that Employee was not discharged as the direct and exclusive result of asserting his rights under the Workers' Compensation Act. We affirm.

Employee objects to the use of the words "direct and exclusive result" in the verdict directing instruction submitted by Employer and given by the court. The instruction reads:

Your verdict must be for the plaintiff if you believe:

...

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