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FIRST NAT. BANK v. KANSAS CITY SO. RY.

Nos. WD 46969, WD 46986.

865 S.W.2d 719 (1993)

FIRST NATIONAL BANK OF FORT SMITH, Conservator of the Estate of Arthur Santos Felix, Respondent-Appellant, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant-Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied November 2, 1993.

Application to Transfer Denied December 21, 1993.

Attorney(s) appearing for the Case

Steven B. Garner, Springfield, for respondent-appellant.

Harlan D. Burkhead, Kansas City, for appellant-respondent.

Before FENNER, P.J., and SPINDEN and SMART, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 2, 1993.

SPINDEN, Judge.

Arthur Santos Felix1 sued Kansas City Southern Railway Company (KCS) for the injuries he suffered when a KCS vehicle ran over him on KCS tracks near Joplin. A jury found that Felix suffered $4.5 million in damages but assessed him with 15 percent of the fault. KCS appeals. Felix cross-appeals, claiming that the trial court erred in directing...

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