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TILLMAN v. SUPREME EXP. & TRANSFER, INC.

No. 67929.

920 S.W.2d 552 (1996)

Fred TILLMAN, Appellant, v. SUPREME EXPRESS & TRANSFER, INC., Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied April 2, 1996.

Application to Transfer Denied May 28, 1996.

Attorney(s) appearing for the Case

Casey & Meyerkord, Jonathan E. Fortman, St. Louis, for appellant.

Hinshaw & Culbertson, Bryan M. Grohn, St. Louis, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 2, 1996.

KAROHL, Judge.

Fred Tillman appeals a judgment for money damages in a suit for personal injuries. The trial court submitted a comparative fault instruction that allowed the jury to assess a percentage of fault to Tillman for failure to mitigate damages. We reverse and remand for a new trial because of prejudicial instructional error.

Tillman was a passenger in a tractor-trailer...

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