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CAPELL v. ABBICK

No. WD 62412.

123 S.W.3d 193 (2003)

Margaret CAPELL and Homer Capell, Respondents, v. Charles ABBICK, Jr., Appellant, and City of Kansas City, Defendant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied November 25, 2003.

Application for Transfer Denied January 27, 2004.

Attorney(s) appearing for the Case

Frederick Gregg Thompson IV, Kansas City, for Appellant.

John E. Turner, Christopher Sweeney, Kansas City, for Respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 25, 2003.

PAUL M. SPINDEN, Presiding Judge.

When Homer and Margaret Capell were injured in an automobile crash, they sued the driver of the other car and Kansas City as joint tortfeasors. The jury awarded the Capells $19 million and declared the city to be 99 percent at fault for its negligent design of the roadway and Abbick to be one percent at fault for his negligent driving. Before trial...

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