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  5. 912 S.W.2d 548 (1995)
 

SCHUMANN v. MO. HIGHWAY & TRANSP. COM'N

Nos. WD 49581, WD 49590.

912 S.W.2d 548 (1995)

Peter H. and Carolyn SCHUMANN, Appellant, v. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Respondent. State of Missouri, through Attorney General, Jeremiah W. ("Jay") Nixon, Intervenor.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 5, 1995.

Application to Transfer Denied January 23, 1996.

Attorney(s) appearing for the Case

Roger G. Brown, Renee T. Duffield, Roger G. Brown & Associates, Jefferson City, for appellant.

Zachary T. Cartwright, Jefferson City, for respondent.

Jeremiah W. (Jay) Nixon, Attorney General, Karen King Mitchell, Georgianne L. Huckfeldt, Assistant Attorneys General, Jefferson City, for Intervenor.

Before ULRICH, P.J., and LOWENSTEIN and ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 5, 1995.

ELLIS, Judge.

Peter H. Schumann and the Missouri State Highway and Transportation Commission ("Commission") appeal from a judgment of the Randolph County Circuit Court. Schumann filed the action seeking damages for personal injuries he sustained in a vehicular accident, allegedly due to the Commission's design, construction and maintenance of a dangerous and defective condition...

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