BANTHER v. DREW

No. 26466.

171 S.W.3d 119 (2005)

Debbie BANTHER, Plaintiff-Appellant, v. Dr. Steven M. DREW, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

September 12, 2005.


Attorney(s) appearing for the Case

Eric M. Belk and Brad Bradshaw, Springfield, MO, for appellant.

David E. Overby and Kent O. Hyde, Hyde, Love & Overby, LLP, Springfield, MO, for respondent.


PHILLIP R. GARRISON, Presiding Judge.

Debbie Banther ("Plaintiff") appeals from a judgment entered on a jury verdict in favor of Dr. Steven M. Drew ("Defendant"), a practicing physician, in an action for the wrongful death of her twenty-two-year-old daughter, April Banther ("April"). Plaintiff contends that the trial court erred in refusing to give a verdict directing instruction offered by her. We agree and reverse the judgment.

At approximately 10:45 p.m...

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