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STATE EX REL. PATTON v. GRATE

No. WD 67622.

241 S.W.3d 826 (2007)

STATE ex rel. Jeffrey Wayne PATTON, Relator, v. Honorable Jack GRATE, Circuit Judge, Division 17, 16th Judicial Circuit, Respondent.

Missouri Court of Appeals, Western District.

Rehearing Denied January 29, 2008.

Attorney(s) appearing for the Case

David R. Buchanan, Kansas City, MO, for Relator.

Paul E. Evans, Independence, MO, for Respondent.

Before LOWENSTEIN, P.J., ULRICH and BRECKENRIDGE, JJ.

HAROLD L. LOWENSTEIN, Judge.

This case involves a petition for a writ in prohibition brought by Jeffrey Patton. James Scherzer brought suit against Patton, his supervisor at Cardinal Brands, for personal injury arising out of an accident that occurred while Scherzer was employed as a book trimmer. The trial court denied Patton's motion to dismiss based on lack of subject matter jurisdiction. Patton then petitioned this court for a writ prohibiting the trial judge...

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