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STIVERS v. EBERT

No. 76643.

887 S.W.2d 393 (1994)

William D. STIVERS, Plaintiff/Respondent, v. Paul EBERT, Defendant/Appellant.

Supreme Court of Missouri, En Banc.

November 22, 1994.

Attorney(s) appearing for the Case

John G. Enright, Eric A. Ruttencutter, St. Louis, for appellant.

David T. Butsch, Michael A. Lawder, St. Louis, John Allen Taylor, Louisville, Kentucky, for respondent.

PER CURIAM.

The parties agree that the circuit court granted additur but that the Defendant neither had the option of a new trial nor consented to additur. This Court thus reverses based on Tucci v. Moore, 875 S.W.2d 115, 117 (Mo. banc 1994), decided three months after the judgment in this case.

The only issue is the scope of remand. Defendant contends that the circuit court, on remand, must reinstate the jury's damages...

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