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GREEN v. MISSOURI DEPT. OF TRANSP.

No. 25970.

151 S.W.3d 877 (2004)

Melissa GREEN, Appellant, v. MISSOURI DEPARTMENT OF TRANSPORTATION, a/k/a Missouri Highway and Transportation Commission, Donald Weaver and Mark Simpson, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied December 6, 2004.

Application for Transfer Denied January 25, 2005.

Attorney(s) appearing for the Case

J. Michael Ponder, Kathleen A. Wolz, John M. Albright, Cape Girardeau, for appellant.

Brill, Moore & Wagoner, P.C., West Plains, for respondent Mark Simpson.

John L. Oliver, Jr., Cape Girardeau, for respondent Donald Weaver.

Zachary T. Cartwright, Sen. Lit. Counsel, Rich Tiemeyer, Chief Counsel, Jefferson City, for Amicus Curiae, Mo. Hwys & Transp. Comm'n.

ROBERT S. BARNEY, Judge.

Melissa Green ("Appellant") appeals from an "Order and Judgment" entered by the Circuit Court of Shannon County, Missouri, dismissing her second amended petition for damages brought against Respondent Donald Weaver ("Weaver") and Respondent Mark Simpson ("Simpson"), (collectively "Respondents"), for acts committed within the scope of their employment with the Missouri Department of Transportation ("MoDoT").1

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