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KENNISTON v. McCARTHY

No. 62387.

858 S.W.2d 268 (1993)

Terence P. KENNISTON, Plaintiff/Appellant, v. Timothy Gerard McCARTHY, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

July 20, 1993.

Attorney(s) appearing for the Case

David J. Rauscher, Kathleen L. Rauscher, David J. Rauscher, P.C., Clayton, for plaintiff/appellant.

John Gerard Enright, Kortenhof & Ely, St. Louis, for defendant/respondent.

CRANE, Judge.

Plaintiff, Terence P. Kenniston, brought an action against defendant, Timothy G. McCarthy, for damages sustained as a result of personal injuries suffered in an automobile collision. The jury found defendant 100% at fault and awarded plaintiff $5000 in damages. The trial court entered judgment in accordance with the verdict. Plaintiff appeals. He contends the trial court erred in 1) failing to grant a mistrial when collateral source payments were brought...

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