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STATE EX REL. DIV. OF MOTOR CARR. & RR. SAFETY v. RUSSELL

No. SC 84342.

91 S.W.3d 612 (2002)

STATE ex rel. DIVISION OF MOTOR CARRIER AND RAILROAD SAFETY, Relator, v. The Honorable David W. RUSSELL, Judge, Circuit Court of Clay County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

December 24, 2002.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James R. Layton, Gary L. Gardner, Asst. Atty. Gen., Jefferson City, for appellant.

Bruce B. Brown, James R. Brown, Brown & Brown, Kearney, Michael E. Waldeck, Niewald, Waldeck & Brown, P.C., James D. Conkright, John E. Bordeau, Sanders Conkright & Warren LLP, Kansas City, James J. Virtel, Darren K. Sharp, Armstrong Teasdale LLP, St. Louis, for respondent.

RONNIE L. WHITE, Judge.

I.

Elizabeth Roe and Joe Wyant (plaintiffs) filed a petition for damages against multiple defendants, including the Division of Motor Carrier and Railroad Safety (relator).1 Their claim stemmed from an accident that resulted in the death of their son (hereinafter the "victim" and/or "plaintiffs' son"). On June 25, 2002, this Court entered a preliminary writ of prohibition so that it could consider the...

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