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AMERICAN FAMILY MUT. INS. CO. v. ROBBINS

No. 70118.

945 S.W.2d 52 (1997)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff, v. Gary L. ROBBINS, et al., Defendants/Respondents, and Kenneth Rohrer, Defendant Ad Litem/Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

May 6, 1997.

Attorney(s) appearing for the Case

James Parker Lemonds, St. Louis, for plaintiff/appellant.

David L. Mayhugh, Park Hills, Kurt D. Breeze, Festus, John Dennis Rayfield, Crystal City, Joseph S. Sanchez, Festus, for defendants/respondents.

CRAHAN, Presiding Judge.

Defendant Ad Litem Kenneth Rohrer ("Defendant") on behalf of Carl A. Retzer ("Deceased") appeals from the trial court's judgment following a bench trial assessing 50% fault to Deceased in an automobile accident. On appeal, Defendant asserts that the trial court erred in assessing 50% fault to Defendant because there was no substantial evidence to support the trial court's implicit determination that Deceased either failed to keep a careful...

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