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BURRELL EX REL. SCHATZ v. O'REILLY AUTO. INC.

No. 26598.

175 S.W.3d 642 (2005)

Robert C. BURRELL, by and through his Conservator, Teresa B. SCHATZ, Plaintiff-Respondent, v. O'REILLY AUTOMOTIVE, INC., Defendant/Third-Party Plaintiff-Appellant, v. Easy Living, Inc., Third-Party Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

October 31, 2005.

Attorney(s) appearing for the Case

Kevin Case, Case Law Firm, Kansas City, John C. Holstein, James E. Meadows, Shughart Thomson & Kilroy, Springfield, for appellant.

Michelle Boehm O'Neal, Alison R. Hershewe, Larry Nichols, Hershewe Law Firm, Joplin, for respondent Robert C. Burrell.

John M. Waldeck, Waldeck, Matteuzzi & Sloan, P.C., Kansas City, for respondent, Easy Living, Inc.

KENNETH W. SHRUM, Presiding Judge.

This is a negligence case in which a jury awarded Robert C. Burrell ("Plaintiff") damages for injuries he received during a collision between a vehicle owned by O'Reilly Automotive, Inc. ("O'Reilly") and a motorized scooter ridden by Plaintiff. O'Reilly tried to get contribution by joining Easy Living, Inc. ("ELI") as a third-party defendant. This failed, however, because the trial court entered a summary judgment favorable to ELI...

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