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STALCUP v. ORTHOTIC & PROSTHETIC LAB

No. 74525.

989 S.W.2d 654 (1999)

James J. STALCUP, Plaintiff/Respondent, v. ORTHOTIC & PROSTHETIC LAB, INC., Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

April 6, 1999.

Attorney(s) appearing for the Case

James P. Lemonds, G.N. Beckemeier, Jr., St. Louis, Robert S. Sanderson, South Bend, IN, for appellant.

Richard J. Burke, Wood River, IL, for respondent.

RHODES RUSSELL, Judge.

Orthotic & Prosthetic Lab, Inc. ("Lab"), appeals from a judgment on a jury verdict awarding James Stalcup ("plaintiff") compensatory damages for his injuries as a result of Lab's negligence in fitting him for a prosthetic leg. Lab maintains 1) plaintiff failed to make a submissible case of negligence; 2) plaintiff's verdict-directing instruction granted the jury a roving commission; 3) plaintiff's negligence claim against Lab was barred...

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