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JOHNSON v. BFI WASTE SYSTEMS OF NORTH AMERICA

No. ED 80087.

92 S.W.3d 157 (2002)

Patrice JOHNSON, Personal Representative of the Estate of George Bolden, Ernestine Petty, Willie Victory, Irene Washington, Sandra Washington, Juan Washington, Tine Brandy, Melvin Dunlap, Williams Dunlap, and Sidney Dunlap, Respondents, v. BFI WASTE SYSTEMS OF NORTH AMERICA, INC., Jimmy Bergner, and the City of St. Louis, Appellants.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied December 18, 2002.

Application for Transfer Denied January 28, 2003.

Attorney(s) appearing for the Case

Donald L. O'Keefe, Jr., James A. Pudlowski, Jr., James A. Hanlon, St. Louis, MO, for Appellants.

Robert H. Pedroli, Daniel J. Gauthier, Gerald L. Warren, Clayton, MO, for Respondents.

Before ROBERT G. DOWD, JR., P.J., MARY K. HOFF, J., and GEORGE W. DRAPER III, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 18, 2002.

ORDER

PER CURIAM.

Justine Bolden (hereinafter, "Decedent") was struck and killed by a BFI Waste Systems of North America, Inc. trash truck (hereinafter, "BFI truck") while attempting to cross the street at the intersection of Park and Grand in the City of St. Louis. The jury returned its verdict in favor of Decedent's representatives (hereinafter, "Plaintiffs"...

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