MILLER v. VARITY CORP.

Nos. 67862 and 68678.

922 S.W.2d 821 (1996)

Carla J. MILLER and Megan L. Miller, minor by and through her next friend, Carla J. Miller, Plaintiffs-Respondents/Cross-Appellants, v. VARITY CORPORATION, Defendant-Appellant/Cross-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied May 6, 1996.

Application to Transfer Denied June 25, 1996.


Attorney(s) appearing for the Case

Thomas R. Larson, Larson & Larson, P.C., Kansas City, Daniel T. Rabbitt & William S. Thomas, Rabbitt, Pitzer & Snodgrass, P.C., St. Louis, for appellant.

Robert L. Langdon, J. Kent Emison & Carter J. Ross, Langdon, Emison & Ross, Lexington, Stephen F. Meyerkord & Jonathan E. Fortmann, Casey & Meyerkord, St. Louis, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 6, 1996.

CRANDALL, Judge.

Defendant, Varity Corporation, appeals from a judgment in favor of plaintiffs, Carla and Megan Miller, after a jury trial in plaintiffs' action for the wrongful death of James Miller. Plaintiffs have filed a cross appeal. We affirm.

On September 29, 1990, James Miller was mowing across the side of a levee on his father's farm. Mr. Miller was operating a Model...

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