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HOOVER v. BRUNDAGE-BONE CONCRETE PUMPING

No. 27174.

193 S.W.3d 867 (2006)

Teddy L. HOOVER and Donna M. Hoover, individually, and as next friend for Matthew Kyle Hoover, a Minor, and Megan Nichole Hoover, a Minor, Plaintiffs-Respondents, v. BRUNDAGE-BONE CONCRETE PUMPING, INC., and Jack E. Dickens, Defendants-Appellants.

Missouri Court of Appeals, Southern District.

June 26, 2006.

Attorney(s) appearing for the Case

John S. Sandberg, Timothy C. Sansone, Sandberg, Phoenix & von Gontard, P.C., St. Louis, for appellants.

Gregory D. Williams, P.C., Sunrise Beach, for respondents.

KENNETH W. SHRUM, Presiding Judge.

This is a wrongful death action in which a jury returned a verdict favorable to Plaintiffs. The issue on appeal is whether the trial court abused its discretion when, following the verdict but before judgment was entered, it did not allow Defendants to amend their answer and plead a $30,000 setoff as an affirmative defense.1 We find there was an abuse of discretion and that the amendment should have been...

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