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HUTSON v. BOT INVESTMENT CO., INC.

Nos. 22570, 22594.

3 S.W.3d 878 (1999)

Dale S. HUTSON and Gloria Hutson, Plaintiffs-Respondents, v. BOT INVESTMENT CO., INC., and Wal-Mart Stores East, Inc., Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied October 21, 1999.

Application for Transfer Denied November 23, 1999.

Attorney(s) appearing for the Case

Stefan J. Glynias, Adrian P. Sulser, Dean L. Stark, Todd L. Beekley, Evans & Dixon, St. Louis, for appellants Wal-Mart.

Thomas H. Hearne and Michael T. Pivac, Hearne & Pivac, Springfield, for Appellant BOT.

Lawrence E. Ray and John M. Farris, St. Robert, for Respondents.

KENNETH W. SHRUM, Judge.

This is a premises liability case in which Plaintiff, an invitee, fell on Defendants' property.1 A jury awarded Plaintiff damages for his injuries but also assessed him with some fault. Defendants appeal.

The issues on appeal are (1) whether the trial court gave a prejudicially erroneous comparative fault instruction, (2) whether it prejudicially erred in rejecting a comparative fault instruction tendered...

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