STATE EX REL. HARVEY v. WELLS

No. 79601.

955 S.W.2d 546 (1997)

STATE ex rel. Louisa HARVEY, Relator, v. Honorable Lee E. WELLS, Judge, Circuit Court, Jackson County, Respondent.

Supreme Court of Missouri, En Banc.

October 21, 1997.


Attorney(s) appearing for the Case

Robert K. Ball, II, Kansas City, for relator.

Lee M. Baty, Karen H. Weber, Kansas City, for respondent.


PRICE, Judge.

In his answer to plaintiff Louisa Harvey's personal injury lawsuit, defendant Jerry Baja included as an affirmative defense an allegation that plaintiffs' injuries were "caused or contributed to ... by [Plaintiffs'] own negligence or fault...." The trial court refused to order Baja to make this allegation more definite by requiring him to assert the facts that support it. The alternative writ of mandamus is made peremptory.

I.

Louisa...

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