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McCONNELL v. KELLY

No. 62712.

860 S.W.2d 362 (1993)

Elisabeth McCONNELL, Respondent, v. A.B. KELLY and Virginia Kelly, d/b/a A.B. Kelly Motors Co., A.B. Kelly and Judy (Shannon) Johnson, Individually and as Trustees for A.B. Kelly Motors, Inc., Liberty Mutual Insurance Company, County Mutual Insurance Company, Defendants, and Universal Underwriters Insurance Company as Defendant Ad Litem for Marcella S. Brockman, Appellant.

Missouri Court of Appeals, Eastern District, Northern Division.

August 3, 1993.

Attorney(s) appearing for the Case

Moser and Marsalek, P.C., Peter F. Spartaro and Robyn G. Fox, St. Louis, for appellant Universal.

Wasinger, Parham, Morthland, Terrell & Wasinger, Marion F. Wasinger, Hannibal, for respondent McConnell.

KAROHL, Chief Judge.

The trial court appointed Universal Underwriters Insurance Company [Universal] as defendant ad litem for Marcella Brockman on the authority of § 537.021.1(2) RSMo 1986. It appeals an order denying relief on its motion to be dismissed on a petition filed by Elisabeth McConnell for wrongful death of her husband, Wiley McConnell. Wiley McConnell and Marcella Brockman were involved in a head-on automobile collision in which both were killed....

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