SMOOT v. VANDERFORD

No. 19604.

895 S.W.2d 233 (1995)

Gregory S. SMOOT, Respondent, v. Jimmy D. VANDERFORD and Darlene Vanderford, Appellants.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied March 16, 1995.

Application to Transfer Denied April 25, 1995.


Attorney(s) appearing for the Case

M. Sean McGinnis, Kenneth H. Reid, Turner, Reid, Duncan, Loomer & Patton, P.C., Springfield, for appellants.

Bert V. Twibell, John H. Kizer, Twibell, Greene, Johnson & Kizer, Springfield, for respondent.


Motion for Rehearing or Transfer to Supreme Court Denied March 16, 1995.

CROW, Judge.

Gregory S. Smoot ("Gregory")1 was injured when he fell while using an extension ladder and a chain saw to cut a limb from a tree at the home of his employers, Jimmy D. Vanderford ("Jimmy") and Darlene Vanderford ("Darlene").

Gregory sued the Vanderfords. A jury assessed these percentages of fault:

Jimmy, 30 percent

Darlene...

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