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SMITH v. QUALLEN

No. ED 76442.

27 S.W.3d 845 (2000)

Jenifer L. SMITH, Plaintiff/Appellant, v. Lynn M. QUALLEN, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

September 26, 2000.

Attorney(s) appearing for the Case

James P. Leonard, McSweeney, Slater & Merz, P.C., St. Louis, for appellant.

John R. Sanner, Brinker & Doyen, L.L.P., Clayton, for respondent.

PAUL J. SIMON, Judge.

Jenifer Smith, plaintiff, appeals from a judgment entered pursuant to a jury verdict in her favor and against Lynn Quallen, defendant. Plaintiff argues that the trial court erred in giving a comparative fault instruction to the jury and in denying her motion for new trial.

Viewed most favorably to the verdict, the evidence adduced at trial showed the following: On June 11, 1992, plaintiff was

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