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TUTTLE v. MUENKS

No. WD 54014.

964 S.W.2d 514 (1998)

David R. & Deborah A. TUTTLE, Appellants, v. Sylvester W. & Mary Lou MUENKS, Defendants, and Roadway Express, Inc., Respondent.

Missouri Court of Appeals, Western District.

Decided March 10, 1998.

Attorney(s) appearing for the Case

Fred R. Bunch, Clinton, for appellant.

Scott W. Mach, Kansas City, for respondent.

Before ULRICH, C.J., P.J., and SMART and LAURA DENVIR STITH, JJ.

SMART, Judge.

David R. Tuttle and Deborah A. Tuttle were injured in an automobile accident when a car driven by Sylvester W. Muenks struck another car, sending that car into the path of the Tuttle automobile. They filed suit against Mr. Muenks and against Roadway Express, Inc. ("Roadway"), Mr. Muenks' employer. The claim against Roadway was based upon the theory of respondeat superior. Roadway moved for summary judgment, contending that it was entitled to judgment...

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