KELLY v. ELLIS

No. 18972.

875 S.W.2d 612 (1994)

Lena KELLY and Earl Dean Riggs, by his Next Friend, Michelle Riggs, Appellants, v. Dennis Joe ELLIS, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

May 5, 1994.


Attorney(s) appearing for the Case

Daniel T. Ramsdell, Kurt J. Larson, Ramsdell & Associates, Springfield, for appellants.

M. Douglas Harpool, Craig A. Smith, Daniel, Clampett, Lilley, Dalton, Powell & Cunningham, Springfield, for respondent.


CROW, Judge.

This litigation arose from a nighttime incident on February 21, 1992, in which two pedestrians, Earl Dean Riggs ("Earl") and Shona Kelly ("Shona") were struck by an automobile driven by Dennis Joe Ellis ("Defendant") on the "outer road" of Interstate Highway 44 in Greene County. Earl was injured, but survived. Shona died.

Two suits were filed against Defendant. Plaintiffs in the first were: (1) Earl; (2) Earl's father, William Riggs ("William...

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